If it's a fraudulent activity then it will be registered under section 420 IPC. If forgery of documents have been carried out then it will be under 468 and other sections of IPC.
Legal advice
Our father is four brothers.Our grandfather was five brothers. One of our land of one Acre is situated on the side of main road. Its breadth (along the main road) is 100 feet and depth (along a side road of 12 feet) is 485 feet. As the land adjoining main road is more valuable, a plot of 3 Decimal i.e. 20 feet (along the main road) X 65 feet (depth) has been given to the heir of all five grandfathers and then a plot of 17 Decimal each (approx 84 feet X 88 feet) on the side road has been given to all of them. Further division of the plots (i.e. the 20 feet X 65 feet plot and the 84 feet X 88 feet plot) among all four brothers of our father has not yet been done.Out of the 3+17 = 20 Decimal plot, each brother of our father has been given 5 Decimal and accordingly the Revenue Receipt (Malguzari) is being paid by all of them. It was an understanding among the brothers that each of them is having a share of 0.75 Decimal i.e. (5' X 65') in the main road side plot and 4.25 Decimal in the backside plot. As both of the plots are the parts of the same old plot, it is in the same Mouza with same Khata and Khesra number. Our father and one of our uncle, were in Govt Job, they & their family reside at other station from home town and the remaining two brothers i.e. the eldest and the youngest reside at home town. In Dec 2018, when I visited my hometown found that heir of the youngest brother of our father had constructed a shop in the front side of half portion of the 20 feet X 65 feet land i.e. in front side of 10 feet X 65 feet land. We objected to it, because share of his father in that plot was only 5 feet X 65 feet. In the month of Jan 2019, heir of eldest brother of our father started construction on the remaining half portion of the 20 feet X 65 feet land l.e. on 10 feet X 65 feet land, which he had transferred on the name of his wife fraudulently .We filed a case against him in the Court of the SDM, who imposed Sec 144 of CrPC and stopped construction. Sec 144 was converted into Sec 145 and further into 146. My cousin had also sold 3.5 Decimal of land to another person from the back side plot of 17 Decimal. It is worthwhile to mention here that in the year 2001, a title suit was also filed by him in the District Court against partition of propety among our grandfathers and now he himself is selling land to his wife and other persons fraudulently. We want to register a Case against my cousin and his wife. Kindly guide us. (a) Under which Sections Case can be registered against my cousin and his wife. (b) Will it be better If we file case of only Forgery against them under criminal section and donot opt to file case under both criminal and civil sections? Thanking you in anticipation DIWAKAR KUMAR, COMMANDANT BSF
Asked 6 years ago in Property Law
Religion: Hindu
7 Answers
You have to file civil suit to set aside fraudulent sale deed of land in favour of his wife and third parties
2) seek injunction restraining sale of property by the wife and third party
an application of stay can be filed and an interim injunction can be obtained from the court of law, which will restrain to sell the property or creating any kind of third party interest..
Hi,
You are suggested to give applications to police authorities without mention of sections of IPC and let the police take action under sections of fraud, impersonating etc. You may also initiate civil cases against him.
1. Since the further division has not yet taken place among your father and his brothers a criminal case is not made out. The remedy is only civil in nature.
2. The proceedings before SDM under 144/145/146 Cr.P.C are quasi criminal in nature.
3. Your father can file a civil suit for partition.
Dear Concern,
Please note -
01. Approach the local police station with a formal application addressing it to the SHO, Police Station of the illegal encroachment of land by your cousin and his wife and allies. Send this application by the post, get the tracking report printed and keep it with yourself.
02. Send similar application to the local police station of SP after a week from the date when your letter has been received by the local police station addressing it to the SP, Police Station. Send this application also by the way of post, get the tracking report printed and keep it with yourself.
03. Then come under section 200, 202 of the CrPC before the local court seeking registration of criminal case in against your cousin brother, his wife and allies under section 406, 415, 420, 120B and 34 of the IPC.
04. Simultaneously file an application under civil law for the partition of the property as per the land demarcated on revenue documents. Besides in the same application file an application of 'appointment of local commissioner' to collect the interest accruing out of the property and to keep it with court till the final disposal of the case. This way, you property will be in the custody of the court till the final disposal of the case and no work can be done on the property including the shop which is currently running on that land. Even that will be operated under the guidance of court and any profit getting generated will be kept by the court to be disbursed in among all as per the final order. Your cousin will become helpless and will immediately try to settle down the dispute some way or by the other.
But most above, look for some really good advocate and agree to pay his professional fees as per his request/ demand. Poor the advocate you will chose for your case worse will be the outcome of your case.
You should lodge FIR against your brother under section 419,420,467,468,471 IPC
These sections will be for fraud By making forged documents and using them to transfer valuable property to gain profits.
