False complaint of forged signature on NOC
I bought land, had it registered and took out permission to construct boundary. But the neighbouring family from whose relatives the land had been bought earlier created problems saying they had not received money for a shed that had been demolised during the sale from said relatives and would not allow any work until it was resolved. I lodged complaint with the circle officer and when the mondal went to clarify about the boundary they constructed a shed there and now refused the CO order to be present during demarcation. Instead they have lodged complaint that their relatives had forged their signature on NOC when actually they themselves had signed it in SDC office. Will a civil suit ensue or can the matter be handled without any legal case hassels.
Asked 2 years ago in Property Law from North Lakhimpur, Assam
1) it has to be proved by neighbour that their signature has been forged .
2) you should proceed with demarcation as per Co order.
3) let the neighbours move court and seek stay of demarcation
4) amicable settlement is best option
1. The civil suit can be filed by them if they can prove their title to the land.
2. The person claiming the ownership of the land will have prove that he did not have the notice of the sale to preempt the sale through a lawsuit.
3. If their signature has been forged then a criminal case for forgery has to be filed by them against their relatives.
4. If any lawsuit is filed to impeach your title to the property then you can contest it on the ground that you purchased the property after due diligence and without notice of the dispute between the seller and his relatives.
This is illegal occupation of land / area which belongs to you , ideally you should file a criminal complaint for trespassing followed by a civil suit if needed. However criminal complaint will settle your dispute real quick.
If you think there can be a compromise and settlement through amicable talks and initiations, better exhaust that option first, and if things do not work on that line, you may consider filing a suit for mandatory injunction on the basis of your sale deed to claim relief as per the schedule mentioned int he sale deed