File a police complaint of 420, 406 IPC and a Permanent Injunction application for having a stay over the partition by your uncle.
Forgery of document for land partition by brother of mentally ill persons
Dear sir I am for Rajkot Gujarat My younger uncle is completely mentally unstable since 1965. However, medical treatment through Govt. Recognised mental hospital commenced in 1982 ( as per medical prescription available with us wherein case no Is clearly mentioned with date). He is holsing agriculture land in three different land survey namber in Rajkot as co-partner with my father and eldest uncle since 1955. None of any person was holding power of attorney for managing the property of my Mentally I'll uncle. Even though in 1986, 1993, 1995, my eldest uncle had applied (on plain paper, without any revenue fee) to local revenue officer for land parcel division in his favour by submitting documents ( affidavit on plain paper, with thumb impression which was recognised by uncles son) of mentally ill uncle favours . Subsequently, revenue officer also accepted all these documents without veryfying the person , issued 135 D notice but it was not processed (Roj Jan not done) and certified revenue entry and land division was certified as valid. The above case was unearthed when I sought Land documents through RTI. Now, my eldest uncle and his sons are threatening to us that my father's land division will only given to you after mentally ill uncle is expired. In 2019, we approached Ministry of disability who has now issued UID for mentally ill (90%) uncle. The case is pending before District Court to acquired right of legal manager ( in favour of me) of the property under the Mental I'll uncle. Some back up documents of land revenue entries, are stolen from Govt. Office, as confirmed in RTI response. I also filed an appeal case of cancellation of revenue entries to collector and revenue appeal authority, but without examining the evidences, they have disposers off the case. Now, I want to stay on the all land parcels of illegal division made by eldest uncle, govt. Officials. So should I file a police or court case . Please guide.
Asked 4 years ago in Criminal Law
Religion: Hindu
19 Answers
They are also threatening to my father and us not to visit land parcel and denied to share water from tube well for the some portion of land parcel on which we are farming.
Asked 4 years ago
1. You have already taken the right decision in right direction.
2. Now to complete the process you need to file a civil suit for declaration of ownership of land bh your uncle and for injunction.
3. Even before you are appointed as Legal guardian of your uncle you can file the suit.
4. File a criminal case of forgery as well. This is very essential to get success of your case of declaration and injunction.
Dear Sir,
Since it is a case of related to land partition and not a criminal case, you are suggested to file the case in District Court. Alternatively, you may file the case at high court to set aside the orders passed by DM (Collector). As regards to forgery of documents by uncle and his son, and also the threat extended by them for not visiting the land parcel; you are suggested to file the police complaint against them. Try to understand the issues of land partition and threat are different and hence different cases are to be filed.
File suit seek orders to set aside partition of land done by uncle and mutation entries
2) seek an injunction restraining sale of property by your uncle
Record their threats
file police complaint of criminal intimidation, forgery against your uncle
In these circumstances you should file a civil suit for division of the property. The appointment of the legal manager under the act should be expedited.
A criminal complaint must also be filed against them for criminal intimidation and threats.
Challenge the dismissal of appeal by filing writ in high court.
Since your appeal is dismissed, police will not file FiR because the revenue entries are not disputed by collector and RA.
Challenge get the dismissal of appeals. For threat and restrain, you can file police complaint.
Also file partition suit to obtain stay of illegal division and recovery of possession.
You need to file a suit for stay in the same before civil court and seek appropriate directions. You can also proceed with FIR or criminal complaint for the same before police and court.
1. Police has authority only to file "Criminal Proceedings", against your FIR, for Threatening, Intimidation, Breach of Trust, Mischief, Nuisance etc .... This is not going to get you any land or rights.
2. You will have to seek legal recourse only in a Civil Court, with all relevant supporting documents.
You need to file suit seeking to set aside the fraudulent transactions done by your uncle i.e., partition and mutation in land records.
You also file an interim application seeking injunction against your uncle seeking restraint orders against him from dealing with the said property in any manner and also not to alienate or create third party interest in the same till disposal of the main suit.
You need to record the threats given by your uncle and others to your father and using the same, you need to file police complaint against your uncle for criminal intimidation etc.
You do not have to file a police compliant in this civil matter.
As a matter of fact if your father is living then you cannot fight against this in your individual capacity.
Your father can file an injunction suit or a partition suit seeking partition of entire property and allot his share in the jointly held property with separate possession.
In that he can seek to restrain the opponents from alienating or encumbering the property in any manner till the disposal of the main suit.
For the properties which were already partitioned fraudulently, this partition suit will take care of that issue also by including those properties also as schedule of properties in the current suit itself.
In the same partition suit, you can eek an order of injunction against them to restrain them from preventing you to use the water from the tube well.
1. Police cannot stay the division already made. This is only within the domain of the civil court. You have to file a suit for declaration of the division as having been obtained fraudulently.
2. Your father can in his suit also seek injunction to ensure that he is not prevented from visiting the said parcel of land and drawing his share of water from tube well.
You will need to file an application to set aside Partiiton of land.
You can take an action against them for threatening under section 503 of iPC.
1. You should lodge FIR against your uncle for forgery of documents and getting land transfered on his name by fraud.
2. You can also file suit for cancellation of revenue records based on forged documents.
- Firstly your father should lodge his complaint before the police for the offence of threatening and for the denial of sharing water .
- Further, on the ground of said complaint and RTI Report, he can file a suit for Declaration , Partition and permanent Injunction , for the division of the property ,and to get the stay order over the land till the finalization of the suit.
- As per the information mentioned in the present query, makes it clear that the only records to probe the ownership of the land are list from the department, but yet the possession is with your elders.
- I would like to apprise you that you don’t have any need to file a police case for lost or theft as the same was the fault of the department and you have the proof also for the same in the form of an RTI.
- You should approach the appellant court against the order which has been passed without even considering the merits of the case.
- And the case which is pending before the district court, you can approach the Hon’ble High Court Inder writ jurisdiction for expedite of the case in lower court.