1) no action can be taken against advocate
2) you can file case of criminal defamation against lady for having malinged your reputation
3) also file civil suit for damages
Remedy against a false case filed in civil court
My father purchased BDA( Bangalore Development Authority ) vacant site on 1987 , which was allotted in the year 1982 to a woman through an allotment letter, by the said BDA. The sale deed was executed in the sub-registrar office, Bangalore and all the original documents i.e., Allotment letter, Possession certificate etc., were handed over to us in the year 1987. As per the BDA allotment letter , the woman should not have sold the property within 10 years of allotment by BDA. ( Lease Period). The sale price of the vacant site was settled fully to the woman at the time of registration and all the formalities from BDA were taken up and penalty paid for site which was in lease period of 10 years. Khatha of the property, encumbrance certificate were obtained from the revenue department in my fathers name. 2. Now the woman has filed a false case in the year 2012, against my father, alleging that my father has got the sale deed executed , some how through the help of BDA officials by obtaining her signatures fraudulently. 3. What are the actions that can be taken against the woman and the advocate who has assisted her in filing the false case, at present taking into the fact the case proceedings are now pending in the civil court. 3. She has signed all the documents willfully after finalizing the sale price of the said vacant site and handed over all the documents in the presence of witnesses at the time registration . 4. What is the compensation that can be claimed for mental torture and criminal action can be proposed against advocate and the woman at this juncture. Your opinion in the matter is very much solicited . H.N.Divakaran.
Asked 5 years ago in Property Law
Religion: Hindu
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10 Answers
Firstly you cannot take any action against the Advocate and no compensation can be claimed from him.for assisting his client.
For the women is considered in suit file a order 7 rule 10 and 11 application to reject the suit on the ground that it disclose no cause of action and other grounds.
Further pray before court for cost on the women for filing a false suit.
Since the lady has already filed the case in the civil court, it would be wise to defend it and produce sufficient evidence there so as to get the case dismissed.
It is only after the case is dismissed that you can initiate action against the women and her advocate for filing a false and frivolous case against your father, in which case you can seek out monetary compensation from her and her advocate for advising his client to file such a case in the first place.
Compensation can be determined only after the present case filed by the lady is disposed off, and not before that.
Since there is a civil suit filed against your father, the dispute would be adjudicated therein only and there is no other option.
The possession over the property seems to be held by you and if that is so then you continue enjoy it.
If the ale deed was validly executed by your father, there is nothing to worry for your father.
However the bar on transfer for the first 10 years may play spoilsport in the suit.
No compensation can be claimed until this suit is dismissed in yoiur favour.
Hello,
no case can be filed against the Advocate, as the advocate works on instruction of the client.
file an application for dismissal of the case with cost. You may also approach the higher court for getting the same quashed on the ground of maintainability.
regards
plz file an application under Order 7 Rule 11 of CPC for dismissal of suit on ground of 'no cause of action'
Dear Sir,
My answers as follows:
- Now the woman has filed a false case in the year 2012, against my father, alleging that my father has got the sale deed executed , some how through the help of BDA officials by obtaining her signatures fraudulently.
Ans: Your father may lodge a complaint with police or private complaint before a Magistrate as she is going against the public documents which have presumption about it execution under Indian Evidence Act.
2. What are the actions that can be taken against the woman and the advocate who has assisted her in filing the false case, at present taking into the fact the case proceedings are now pending in the civil court.
Ans: Your father may further lodge a complaint against the said advocate in the Bar Council of Karnataka and get him suspended from practicing before Courts.
3. She has signed all the documents willfully after finalizing the sale price of the said vacant site and handed over all the documents in the presence of witnesses at the time registration .
Ans: Handing over possession of land and title deeds have presumption under law that she has received full sale consideration.
4. What is the compensation that can be claimed for mental torture and criminal action can be proposed against advocate and the woman at this juncture.
Ans: Your father can claim compensation from Rs.5L to 50L depending upon the social status of your family. Please approach a proactive advocate and win the cases.
Dear Client,
You have duly executed sale deed and possession since, 1987. Sufficient to prove your case. And she approach at this belated stage, case barred by limitation. File application in court u/s 340 CrPC that her case is just to abuse the process of court by agitating frivolous litigation.
Positive inference shall be drawn in your favor by court for long possession and registered sale deed.
You can yourself decide the compensation amount depending on the damages suffered by you. Just check the total amount of claim should not exceed the pecuniary jurisdiction of the said court.
You cannot take any action against her advocate for this case.
Her advocate is just assisting her in the case and he cannot have any personal interest in his client's property.
Since she has approached court with a civil case, yo may have to challenge her claim on the basis of the documentay evidences and the merits in your side.
No action is liable or maintainable against her also since this is a civil dispute.
