Approach directorate to rectify mistake in audit report showing appellant as owner of land
2) enclose copy of court orders wherein it has been held that you are absolute owner of property
Pending appeal, defendant/respondents find out document forgery - what options are available
In 2011, we the defandant's secure an order wherein a civil trial suit is dismissed as we the defendant's were able to prove rights, title, interest on a landed property with house on it. The court had relied on our title deed as the main piece of evidence. During the trial as well as during the appeal the appellant/petitioner's never challenged our title, the appellant/petitioner's suit also does not seek/ask any relief from the court that could grant him title, their case is for permanent injunction under Specific relief act. The appellants has since put up an appeal and have been wasting time on various pretexts. The property in question falls within a housing co-operative. Now, very strangely audit reports of the Co-operative society obtained via RTI from the Govt.'s Directorate of Co-operative Audit shows the appellant/petitioner's name in place of ours where the 'Detailed List of Land Cost' (the document that shows who all have paid sums to the Co-operative as cost of land bought from the co-operative) appears in the audit report. We have original title deeds as mentioned above, we have never sold/transferred our property, we have been paying land tax to the govt. without fail every year. Not only that, a part of the property(1 floor out of a 2 storied building) in question is also in our possession, the place is our hometown while we stay in Kolkata. Am i understanding it correctly if i say this has been an act of criminal nature. If yes, what remedies are available, i believe getting the police to act won't be easy as there is civil suit ongoing and pending. I have put this question under the heading Civil Law as well as i am not sure. Thanks.
Asked 5 years ago in Criminal Law
Religion: Hindu
39 Answers
File 420,406 IPC complaint to the local police station in written.
1. Well, first take note that mere mutation or recording of name with any public authority doe snot create title nor relinquish it. So your title does not in any get adversely affected. The judgement of trial court further proves it.
2. Now since there is anyway an anomaly as regards actual ownership of land you mus apply to the authority to correct the ownership.
3. Considering the proof you have there would not be much difficulty on changing the name of owners form its record.
4. By the way there is no criminal offence unless any forged document was submitted with the Directorate.
Hi,you can file a criminal complaint directly in court under section 200 crpc ..The court has the power to try the case itself or forward it to the police for registration of FIR
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the Society office bearers and Petitioner person, supported with all relevant supporting Documents, Evidences & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.
- Since, you are the legal and absolute owner of the property in question and also having the title deed in your favour , hence in the absence of any release or transfer deed executed by you in favour of him , showing audit in his name is an attempt to grab the property , which is an offence legally.
- Further , as the court after accepting your title deed dismissed the petition filed by the plaintiff ,hence also it is cleared that you have a better title of the said property.
- Permanent injunction suit is not a title suit , mere relief for restraining the defendant from disturbing peaceful possession , but in the absence of possession even interim relief cannot be granted to him.
- Further , the act of Co-operative society is looking under suspicious.
- You should give a written complaint in the office of the Directorate of Co-operative society , after mentioning the whole facts in details , with the copy of the said order/judgement of first court , and copy of the title deed , and further request to correct the name in Audit permanently.
- Further, if you think , this is done by the plaintiff malafidely , then lodge a complaint against him before the police and high official , and further submit the same with the complaint given in the office of Directorate of Co-operative society.
Gool luck and dont forget to rating Positively.
Since you have the registered title deeds on your name and also the court's verdict confirmed title on your name, you need not worry about the audit reports held in the records of the cooperative society.
The records of the cooperative society nor the audit reports are the title documents.
Your efforts to lodge a criminal complaint will not be entertained in view of the pending civil litigation by the police.
You don't have to worry about the claim if any may be made by anyone at a later stage because all your documents are clear and yor title is secured.
I had first put up an RTI to the Directorate of Co-op Audit in the year 2014. On receipt of the required audit reports, i noticed the anomaly and immediately had sent a letter to the directorate stating that the audit report does not reflect the correct state of affairs. I had furnished my copy of title deed, the copy of court order, my tax receipts and asked for a fresh audit while pointing out the anomalies. To this, the directorate replied that a re-audit is out of question as the Co-op socy has already accepted the audit reports. The directorate pointed that a resolution/ decision by the Co-op socy may however lead to a re-audit, the directorate also forwarded my letter to the Socy, asking me to contact the socy regarding the matter. I therefore take that the Co-op socy is since then AWARE of my compliant. Now, my last RTI in Dec'2019 for the last 5 years shows the same picture. Am i correct in stating that audits conducted by three/four different govt. auditors points to the fact of existence of documents (one i suspect to be forged) that shows title on land? The petitioner /appellant in this case is a tenant in our property who wanted to buy our house but failed to pay up. He, in the yr 2005 put up a case seeking permanent injunction to protect his possession, he had prayed before the court that he is member of the co-operative society upon the resignation of my father. My case is detailed herein in this forum at https://www.kaanoon.com/20176/transfer-of-property-in-a-housing-co-op . We never executed any transfer/ sale deed. It has been my long suspicion that there is some collusion between the tenant and the Co-op Socy. The appeal case is now in the court of the Additional District judge. Do i have to approach the executive magistrate or should i approach the court wherein the appeal is pending. Under what provisions of CPC or CrPC should i move. Please help, i wish to have all your valued opinions in understanding the legal view of the situation.
Asked 5 years ago
It does appear that there are forged documents showing title of land Of appellant
2) approach court seek orders to directorate if audit to rectify audit report
Please prepare a formal complaint, in writing, and annexed the documents which you suspect to be forged and produced before the civil Court.After preparation of Complaint file to the Police Station which has jurisdiction over and around the Court of law which is trying your appeal and suit.
In your complaint, request Officer-in-charge to take cognizance of your complaint and investigate the matter as per provisions of law against the appellants who are relying upon the forged documents.
In appeal also you may seek re-trial of the appeal before trial Court for examination of forged documents through expert witnesses.
This way you would succeed in Criminal as well as Civil proceedings.
File a separate police complaint against the fraud.
What is your problem?
You already have a decree in your favor confirming your title to the property.
If he has preferred an appeal then it shall be against the judgement in the injunction suit he had filed which went against him.
He is not disputing your title.
The audit report is not the title document.
You have registered sale deed on your name besides the court decree confirming your title to the property.
Hence you need not approach court to confirm your title or disputing the audit report.
The audit report is their problem of the society.
If anyone claims title on the basis, his case may not be maintainable owing to the above said factors and merits in your side.
Therefore instead of unnecessarily worrying about the useless audit report, you may better concentrate on other issues.
since the plaintiff has filed an appeal befor the additional district judge's court, you may better participate in the same as the respondent and challenge his appeal properly.
For eviction you need to approach civil court. If appeal is pertaining to same cause of action then you can move to appeallate court
Thanks, to all. I understand, that audit reports have no weight to give title and is by no means more authentic than registered document like a deed. But, when multiple, different auditors in successive audit years submit report stating they have verified documents - is it not correct to say that there must be some document (here forged) that supports the audit findings? Now, if the audit reports are accepted by the socy. as being correct. Then being a party to the suit, is the co-op socy not misrepresenting facts to the govt.? - how can the socy be barred from this? is this not some punishable offence? I must mention that the specific document (member wise details cost of land cost) in the audit mentions the cost of the land (our land) being a different amount than what our title deed mentions. Am i therefore wrong in stating that the money my father paid for the land seems to have been misappropriated/ embezzled? - this being a Co-op socy, member contributions build up socy funds and We never sold/transferred our property. I am not worried about what value the audit report carries since our suit is not about deciding title. But, that the audit reports reflects foul play is my point. How can i approach (under which sections pf CPC or CrPC) the District Judges court with these complaints wherein an appeal related to the suit property is pending? Does the district judge equals an executive magistrate? or should this be treated as a separate complaint of criminal nature and the police be approached? I am concerned that the civil case background might adversely affect my complaint and nothing may come out of this. The co-op socy cannot be let go free while we keep paying taxes to govt. and the govt. auditor happily omits our name in their findings. My problem is not the civil case. My problem is how i can bring the malice and collusion that is apparent from the audit reports to the correct forum of law and get relief.
Asked 5 years ago
1. Audit report is not a document of title. However, it seems that said audit report has either been got prepared on the basis of false information or on the basis of forged document furnished by this man who lost as plaintiff in the trial court.
2. Unless you are sure and get hold of the document on the basis of audit report has been prepared you will have no cause of action to take any action against this man.
You can file separate suit name society and directorate of audit parties seek orders to direct rectification of audit report to reflect your title to property
I have already explained you to make a complaint in writing to the police having jurisdiction to entertain and take cognizance of your complaint for act of forgery committed by all.
You can opt for both civil and criminal if you want. It will not affect your criminal proceedings in any manner. Yes you van bring the mallice and collusion that is apparent from audit reports as stated
To initiate criminal case you need to lodge complaint with local police to register FIR and then file writ petition if police remains inactive. District judge and executive Magistrate have no role to play.
District Judge is Much Much senior than an executive magistrate.
File a separate police complaint
- You have a better title deed , and further on the ground of Audit report , one cannot get ownership right even from the society or court .
- Since, the said audit report has prepared maladifely after taking confidence the official of the co-operative society , hence you can lodge a complaint against them as well.
- Further, fie the said compliant copy before the court , where his appeal is pending .
- However , before filing any complaint or case, be sure about the said audit report , and the documents which that person has produced there .
- Further, you can also challenge the said audit report as well .
The audit reports given in the first year even though it was an error, since it was accepted by the society in the general body meeting, the auditors may not find a reason to detect the past error in the following years' reports.
There should be a specific mention to the auditors to look into the grave mistake committed by the auditors of that particular year to find out mistake and place the report before the committee of the society.
If you have documentary evidence to prove this fraudulent transaction or irregularity then you may file a case in the civil court seeking to reject the said audit report of that particular yer in which this fraud was reported and prove the fraud with documentary evidences in order to convince the court to pronounce suitable orders directing the authorities to reject the said audit report insofar as the reported fraudulent transaction is concerned and to seek for a fresh report based on the facts.
You may discuss with your advocate and initiate suitable steps if you are really serious to rectify the errors committed by the society or you an remain silent to challenge the issue if at all any arises in future because the records of society do not form title to the documents pertaining to the property.
Sir's, Thanks to all for your valued opinions, since i will now have to make a move on the issue i am putting down few specifics of the issue so that i may close on options of how to deal with this. My father is a founder member of the housing co-op socy that had acquired land from the local development authority(govt). The development authority leased about an acre of land to the housing co-op socy in 1978 for 99 yrs. The co-op socy further sub-leased plots to its members by way of conveyance deeds. in 2005 my father wanted to sell/transfer his plot to our tenant and an agreement of sale was entered upon between my father and the tenant. The deal never went through. The tenant played mischief and somehow got a share certificate from the socy (without any transfer deed). The tenant sued my father and the co-op socy seeking declaration of status as a member and permanent injunction. The suit was dismissed in 2011 and appeal is pending. From 2012 onwards the directorate of co-operative audit starts asking for list of members-wise land cost from societies. From then on i find our tenants name on our plot, curiously the consideration money mentioned in our title deed (sub-lease deed) is different than what the audit report as land cost for our plot. If for arguments sake the socy had considered the sale / transfer to have been done then the amount should not have changed. A housing co-op's total land cost in 1978 and 2012 cannot vary. Now, property is on govt. land, we are registered title holders paying holding taxes to govt., a govt. audit finds someone else's name with a different land cost. Even if that does nothing to challenge our title, which remedy should i undertake? A civil suit for rectification of records, or a criminal complaint for misleading the govt. and causing me harassment?, or can i take both routes parallely?.
Asked 5 years ago
You can file civil suit for rectification of records
no need to file criminal case
You should carryout both the civil suit n criminal complaint simultaneously
You can opt for both civil suit for directions and criminal case for punishment
No criminal case against the society would be maintainable.
You can issue a legal notice to the society to rectify the erroneous entry made subsequent to the audit report of the year .... to .......
You may have to attach the documentary evidences to prove that your father is the actual owner and not the person whose name appears in the records of the society due to an erroneous audit report in this regard.
If the society is refusing to adhere to the instructions contained in the said legal notice for fail to respond then you may approach civil court with a suit for permanent injunction against the society to remove the erroneous entry found in their records in this regard.
You can present a strong argument before court convincing them about your plight and can produce the supporting documentary evidences before court to get the desired relief.
Therefore do not venture into non maintainable criminal cases.
I would finally reply it legally to you that one of the most important facts you have disclosed now is that the property involved in the present matter is leasehold and the Lessor is Government while lessee is the Society.
As per Law the leasehold property can not be sold by a lessee which would be termed as agreement between the parties as void- ab-initio.
Therefore the suit of your tenant was dismissed.
Now for the forgery and rectification of records you will have to adopt both Criminal and Civil proceedings against your opponents.
- Move an application for rectify the said error in audit report after submitting court order and other documents of ownership.
1. You can make application under section 340 CrPC against petitioner for submitting forged documents in court.
2. Generally the application is made before the court where forged documents was submitted by witness.
1. The remedy is entirely civil in your hands. You can file a suit for mandatory injunction to direct rectification of errors in the audit report.
2. Criminal case is not made out.
As i understand from all your opinions, 1. To proceed with a criminal complaint i need to prove existence of the alleged forged document. Which i do not have and i am assuming the presence of such forgery based on indirect evidence i.e. the audit report. Is this is the reason a criminal compliant turn useless? 2. The audit reports along with my title deed and court observation is enough to establish a discrepancy in the audit reports and enough cause of action to seek correction of records. Now, do i sue them in the civil court of local jurisdiction where the appeal is pending, or should i prefer a writ petition? I had earlier written to directorate of audit showing all documents and seeking a re-audit, they forwarded my letter to socy but no outcome came of that. As per WB co-op socy act the director of audit is empowered to order re-audit on his/her own motion. 3. What procedures are available in order to find out what caused such misrepresentation of facts to the auditor's. Particularly when the socy was very much a party to the suit and well aware of the fact that the property was never sold/transferred by us. Thanks.
Asked 5 years ago
Yes you do not have any evidence of forgery Hence advised you not to file criminal case
2) You can file writ in HC
3) you can file RTI application with directorate of audit
1. You need to show cause of action to proceed either under civil or criminal law.
2. There cannot be indirect evidence of the basis document on which you intend to build your case.
3. Audit report has been prepared on the basis of some documents which were furnished. You have to prove the forgery of those documents.
4. Seek the documents through RTI.
1.yes. But if it's in a public domain you can apply it through rti.
2. If you have given representation to the specific authority then only you can go for writ petition in case your fundamental right got violated.
3. That can be found by seeking inquiry from dy registrar office after showing the audited reports being faulty on face of it.
You have a good cause to move before High Court and invoke its Extraordinary Jurisdiction under Articles 21,226 and 227 for clarity of your title over the property which has been messed up by multiple Law suits ,parties and proceedings which has not feched any results as of today.
Please file writ petition and seek directions and appropriate relieves from DB of High Court in your State at appropriate Bench and seat.
All the best
Best regards.
1. No, why useless. Can be proved via third party documents.
2. It is the criminal complaint that will blow their peace.
This may be a mistake on the part of the government or the opposite party may have done something. File a criminal complaint against the opposite party and make the government a party too and file before the magistrate.
How can a tenant who seeks a permanent injunction become an owner in tge audit report. A very ridiculous thing. Anyways this shows a collusion between the tenant and the cooperative society. File a criminal complaint against them before a magistrate under 156 3 of the crpc.
You should bring this to the notice of the district judge in the appeal although the opposite party may itself bring it if it has done so.
You have to go to the judicial magistrate.
Both routes should be taken. Moreover this issue should also be raised before the district judge. An agreement to sell cannot be converted into a sale agreement without consent of the owner.
The re audit should be done and an application must be filed for this purpose. If they do not cahnge their stand then a writ petition should be filed. A prayer should be also made therein that the issue of audit should also be considered in the appeal before the district judge.
1. Your presumptions and assumptions do not have any place in the criminal law for initiating any action as desired.
2. Since your requests for re-audit or to rectify the audit reports based on the facts that you have submitted with documentary evidences could not invoke the desired results, you may file a suit directing the chairman of the society to rectify the errors found in the audit report by passing an order for re-audit of the society accounts in which this gross error has been noted.
You may have to file a suit for mandatory injunction against the society restraining them from proceeding with the said erroneous audit report on the basis of the documentary evidences in your possession and also for carrying out the corrections in the audit report by re-ordering the audit.
3. You may probe the reasons for that based n the facts that are available.
If you suspect any malpractice then you dig out the truth and disclose or expose the same in public.