Prevent selling of property

I am a hindu and belongs to lohar caste which comes under scheduled tribe of Bihar.My father has three brother and two sisters. My uncle sold my grandfather's residential property included in the partition suit filed my father to a general category person. The property has not been registered yet but sold through stamp paper way by paying some advance.That general category person comes my house and claims my uncle's shares is now belongs to him and wants to start construction. The question is that can i go to ST court and file a case against my uncle and that general category person to stop the sale of the property by arguing that a general category person can't buy the immovable property of a schedule tribe as it can be sold only to a schedule tribe people ( as per supreme court judgment). what are the legal option available for me to stop the sale of the property?
My father had filed a complain case against my uncle in dhanbad(jharkhand) regarding a false will made by my uncle and ors in 2015.It has 4 witnesses out which one is forensic handwriting expert.The case went first round of witnesses appearance in the district court successfully and 2 witnesses statements out of which one was handwriting expert were recorded. warrant issued. after that my father died in 2016. since we were living in nawada(bihar).After that my uncle was granted bail in district court dhanbad. and after that my mother as substituted in the case to proceed it. the court asked to call our witnesses again to appear in the second round. but this time except handwriting expert all three witnesses refused to give their statements. so due to non- appearence of witnesses in the second round our case disposed in dhanbad in 2018.
can i file a fresh complain case from nawada against them.what is the best legal way to punish guilty who made false will? All i have is only the handwriting expert document as the only evidence.

Asked 5 years ago in Property Law

Religion: Hindu

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12 Answers

1. For unauthorized sale of "reserved category land", represent before the district collector, with proper documentary evidences and request for confiscation of said land and initiate prosecution on both parties.

2. For other matter, You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.

3. 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. The said Person may come down for settlement.

Hemant Agarwal

Advocate, Mumbai

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Yes you can file a fresh complaint in court only if earlier complaint is dismissed or rejected. Fresh complaint in police station doesn't have any bar. Expert document is only supportive and not conclusive

Prashant Nayak

Advocate, Mumbai

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File a police complaint against all of them

Rahul Jatain

Advocate, Rohtak

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File suit seek injunction restraining uncle from selling property

2) if it is agricultural land prior permission of collector is necessary to sell the land

3) you have t file appeal against dismissal of case filed by your father

Ajay Sethi

Advocate, Mumbai

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- As per Section 42 of the SC, ST Act, there is restrictions on sale, gift and bequest of the interest of Scheduled Caste and Scheduled Tribe, in the whole or part of their holding, due to the reasons that they are not being exploited by the members of non-Scheduled Caste and Scheduled Tribe.

- Further, a scheduled tribe land holder can only sell his land to schedule tribe person. if anyone buy a land from a scheduled tribe by hiding facts, then he can be behind the bar , and further government will return back the land to original land owner at anytime if he approaches authority.

- Further, the Supreme Court has declared that land allotted to the nomadic tribes or members of the Scheduled Castes and Scheduled Tribes cannot be transferred or sold without prior permission from the government.

- Further , the Stamp duty and registration fee are exempted on the sale deeds of immovable property , if it purchased by the scheduled castes and scheduled tribes.

- Hence, the sale of your uncle to the general category is against the law and invalid.

- Yes, you can file a complaint against your uncle for the same and to partition of whole property.

Mohammed Shahzad

Advocate, Delhi

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Please register FIR against them for the commission of offence under section 420,465,467 and 471 cheating and forgery charges for preparing false and forged will.

You file suit for injunction order against them under order 39 and C P C 1908 for stay against sale of land of shedule tribe to general category.

Ramesh Pandey

Advocate, Mumbai

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Talk to Advocate Ramesh Pandey

If the case in the trial court was dismissed, you can prefer an appeal against the judgment before the appellate court.

About your uncle selling the property to an outsider, you do not have to file a case against him for selling the property to an outsider. Instead you file a suit for partition seeking partition of entire property and allot an equal share of your father to his legal heirs with separate possession.

In the same suit you may file an application seeking injunction to restrain the opposite party from alienating or encumbering the property in any manner till the disposal of main suit for partition.

This will stop your uncle from selling his share in the property to an outsider.

T Kalaiselvan

Advocate, Vellore

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The property cannot be sold. Lodge an fir against that person and your uncle.

A public notice should be published in newspapers that that property is a disputed one.

Yes you may go ahead and pursue the case pertaining to the will.

If the case was disposed then file an appeal.

Rahul Mishra

Advocate, Lucknow

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Dear Sir/Madam,

You may file the case against the uncle and the said person of general community. You may also file a petition to restore the previous case which was disposed and ask for the fresh evidences.

Ganesh Singh

Advocate, New Delhi

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This is not a case of FIR but civil dispute. Have to file Civil suit in court to obtain injunction agasint sale. The property is not yet partitioned so even after sale to third party, 3rd party cannot enter in the property. Can file FIR of criminal trespass.

Against WILL, can file only FIR no civil suit. If the case is dismissed for default - non appearance than can file fresh suit on same cause of action.

Hand writing expert opinion is not conclusive.

Yogendra Singh Rajawat

Advocate, Jaipur

23081 Answers

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Talk to Advocate Yogendra Singh Rajawat

Your father can file a civil suit and take out notice of motion in the district court to get an permanent injunction to stop your uncle from selling the property.