30 years ago my father and his 2 friends who were brothers together bought a land in kolkata.Then they together decided to build a three story building on that land...In the property and land document i.e, sale deed and other documents also the whole building is under all three of them... They did not do any partition of floors on that time.they were joint holders with equal shares... with mutual agreement they decided each to take a floor .. *we took ground floor. 5 YRS ago my father who is one of the 3 owners died and other 2 owners also died We & other children decided to get our name in mutation in place of our fathers name.The children of the 3rd owner also decided to mutate their name on the property...THere was no children of 2nd owner..he transferred his ownership to the children of 3rd owner as the other two owners were brothers... SO, after MUTATION the owner of the property is now increased to 5 people... 1- in place of my father(ground floor) --- me,my sister and my mother 2- in place of second owner(1st floor) -- 2 children of third owner(x,y) 3- in place of third owner(2nd floor) -- same 2 children of third owner(x,y) now the land and property has 5 owners me,my sister,my mother,x,y. #PROBLEM BEGINS# my sister got married and stays somewhere else.i have a goverment job so i stay in other state with my mom. the other 2 owners x,y also stays in other house. So the whole building was empty.. We dont come often to visit our home as we stay in delhi and the property is in kolkata. CRIME 1 = X,Y decided and silently forged our 3 signatures and sold the property to a builder in 2.5 crores along with the land , this happend 2 yrs back on 2017 . CRIME 2 = this whole transaction went silently for two years we didnt even know what was happening as we were visiting our home 4 times a year at every 3 months interval,& we stayed peacefully & unknowingly & go back to our other home at other state. CRIME 3 = Recently 1 month ago some local goons came and threw our stuffs from our house which is on ground floor...local neighbors called us one night as we were in different state in delhi and told us that some local goons are emptying our house and thrashing our stuffs out. CRIME 4 = As soon as we heard we came aftr 1 day and saw a big lock at the front gate and as well as on our individual door.We contacted the builder he told that this whole house is his's and he bought it fr 2.5 crs. CRIME 5 = He showed us all the sale and transfer documents in which we found our forged signature and sale agreement that we have sold our house. CRIME 6 = Got no help frm police & The builder nd local goons threatened me and my family to stay away otherwise they will kill us all & told us not to go to any police or lawyer. They jst started to break the building. Plz tell us step wise ! Q1> What should we do and how should we proceed with this case? Q2> How can we get stay order against breaking our house?
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File a complaint to magistrate of forgery under section 156 of crpc and seek directions to police to lodge FIR.
File a civil suit for declaration of the sale deed null and void. Seek injunction restraining any sort of transactions of the property and any further damage and use of the property till final disposal of the suit.
File suit to set aside fraudulent sale deed
2) seek injunction restraining builder from demolition of your house
3) since police are refusing to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
Dear
You should heir an advocate and file a suit for permanent injunction against the builder for stay on demolision. And also file suit to set aside the sale deed on ground of forged signatures.
And also ask your Advocate to draft a criminal complaint against buyer, X and Y for forging your signatures and transfer the land without informing you and Threatening for your life if you lodge the complaint or file any case also mention that local police is helping the builder and not lodging FIR.
send the complaint to SP of kolkata for lodging of FIR
1. I wonder what you were ding so long. The long hands of law is always there to catch all the high and nightly and no one is spared if right course of action is taken.
2. Even now it is not too late and you have the option of filing civil suit to set aside the forged deed and file criminal case of forgery and cheating as well.
3. If the Police is in nexus with the developer then the justice can still be found by knocking the doors of court for which you need to be little proactive.
All you need to do is to engage a good advocate and take the recourse of law. it will take time but certainly votary would be yours.
1. File a writ before high court for direction for police to get FIR lodged against the legal heirs of 3rd person and builder
2. Take the certified copy of sale deed and send it for FSL for checking fraud and forged signature.
3. File suit for cancellation of sale and seek stay on possession and breaking.
You can file a police complaint to local police station along with cc to superiors. You can also file a writ petition in high court. You can also pray for cancellation of the sale deed which is done by fraud
File criminal case , go to SP is local police is not supporting, or file FIR through court, also inform the media about police inaction and involvement with goons.
For instant relief, file civil suit and obtain stay from third party and recovery of instant possession. Without your presence sale deed cannot be execute,
Other owners must have forged POA.
1. Lodge a police complaint immediately against X, Y & the Builder.
2. File a petition declaratory suit praying for a declaration that the said property is owned by you, your mother and sister also file a petittion u/o 39 r 1 & 2 restrainint the builder to enter in to the said premises and deal with the said property.
3. You shall have to act fast.
Civil Court can give you relief and cancel the sale deed if you are able to prove that fraud has been played on you and the sale deed has been executed fraudulently.
First of all, if police is not cooperating then you may approach the higher police office and give a complaint in this regard and seek direction to the local police to take proper legal action for the offences of forgery and impersonation agaisnt the other party who did this and also stop the builder from demolishing the building through police action.
Immediately you must file a permanent injunction suit against the developer restraining him from going ahead with the demolition of the building and also file an application for ad-interim injunction on the same lines restraining them from demolishing or alienating or encumbering the proeprty in any manner till the disposal of the main suit and also you may seek the relief of possession of building along with the cancellation of sale deed executed fraudulently in favor of the builder by the other party.
You may contact an experienced advocate in the local and take steps immediately without further delay as suggested.
