Conspiracy to grab our land through fraudulent means
We have our ancestral land in Mukerian (Punjab).My Mother & brother stays in himachal. and i am working in delhi.
This case is about our land in punjab, after my father's death we used to visit there hardly once in a year because of my job & brother's business.
Last year around in the Month of May, we came to know that a person is trying to grab our land by making rumuor in the village (making) as we were informed by the Namberdar & other peoples.
One day 4-5 peoples reached @ himachal home and started asking about me. On investigation how & what proof they have. They shown the sale agreement in my name with pic (not mine). According to sale documents " i have taken token money from the said person. My brother took them to police station. However police refused to register the case as it is case of Punjab.
we then went to Mukerian to register complaint/FIR.Then mukerian poilce di nothing.
We apprached the SSP Hoshiarpur, and on 21 jun 2013 we appeared for hearing.We along the other from Punjab village recorded our statements and given documents as asked.
SP asked the otther party to submit document proof which they couldn't submit, and asked for some time. We were told & promised by SP & his office that very soon justice will be done and there is no need for us to come down to Hoshiarpur.
But since then several time i had called, also my brother visited SP hoshiarpur twice, nothing moved, all that they say- investigation is going on.
please guide us how to file FIR and proceed it further as it is creating mental tension as well as finacial loss, fake rumours in village creating nuisance.
Thanking you in anticipation.
Asked 3 years ago in Criminal Law from Mukerian, Punjab
This land belonging to your late father, is agriculture land or residential land. Let me know this. Thereafter after you met the SP has a case been registered and a F.I.R. registered by them against these persons, if not then kindly proceed to file a Private Complaint Repot, P.C.R. at the jurisdictional Magistrate Court against these persons immediately.
Then this land at Punjab, secure it properly by fencing it and putting up a board, stating that the property belongs to Mr.________, any trespassers will be prosecuted.
Further place an advertisement in the newspaper(Local) stating that you, your mother and brother are the absolute owners of this land (Give description) absolutely and that you have not entered into any kind of agreement of sale nor executed a GPA in favour of any third parties. And anybody claiming to hold any such authority or agreement is bogus and concocted documents and that you, your mother and brother are not responsible for the same.
Kindly get in touch with a local advocate who can help you do all of these in order and secure your interest in the property.
First of all i would like to thank you for the propmt reply.
Yes, this is a agriculture land and given on lease.
No, FIR was not registered and nothing (reciept) was given to us. We have only the file number.
Asked 3 years ago
In that case then the police are trying to delay things to facilitate those criminals. So i suggest you proceed as stated earlier, contact a local advocate and secure your interest in and over the schedule property A SAP.
If you have all the related documents of the land then move High Court for compelling the police to take action on your complaint.
file a complaint in court of Judicial magistrate under 156(3)crpc and get FIR registered
Advocate, New Delhi
Land is a valuable assests and you should not delay in registering FIR by filing 156(3) in the court of JM,in Punjab,because police is violating the SC judgement ,registration of FIR is must when any person approches police for it. Give notice in local news paper that you have not entered in to any aggrememt with any person for selling of this land and put a notice board on land mentioning that tresspasser will be prosecuted.
Thanks ! for your valuable advise & time.
considering your advise, I need to execute following
1. Private Complaint Repot, P.C.R. at the jurisdictional Magistrate Court.
2. Place ads./Notice in local news paper.
3. Legal consultation
1. Consultation fees of advocate (rough idea)?
2. If FIR is registered do I need to visit the place frequently there.
Yesterday I received a call from SP's reader, he informed me that new SP has joined and he wants us to appear again. I am not clear what they want now, as we have already submitted all the docs and recorded our statements.
As for my understanding they want to frustrate us so that we will be forced to sell our land. As same thing was being advised to us by none other but SP office staff.
Asked 3 years ago
Private complaint will not suffice as the offence has not yet been committed. Your basis grievance is that some one is trying to usurp your land, and you need to protect it. To this end you may move the High Court as it is police's inescapable duty to nip any such attempt in the bud.
1. Consultation fees of lawyer can be told by him alone.
that you can enquire from the advocates practising in your area,it differs from advocate to advocate.
Advocate, New Delhi
Dear Ashish Davessar,
can you please elaborate about moving to High Court?
Asked 3 years ago
If you file a criminal case directly in court then it will take months for the process to be issued to those who are attempting to usurp your land, which implies they will get all the time in world to succeed in their nefarious schemes.
Police is under a duty to investigate your complaint and protect your land(s), the abdication of which gives to you a corresponding right to move High Court and seek a direction for protection of your lands.