Hi, My mother bought an empty plot in a residential area in Vrindavan in 2004 and did construction on it (boundary walls, gates and rooms) on it. There is no electricity or water connection taken for this house. And no furnishings or furniture of any kind. Just walls and main gate which is locked. No one was staying there. My mother and rest of family lives in Delhi. On 16 Apr 2023 we came to know that a sale deed for our house was executed on 13 Mar 2023 by one imposter Vishal Gupta who claimed to be the son of my parents. Imposter Vishal Gupta stated in the sale deed that my mother has expired and hence he being the only son has inherited the house in Vrindavan. This fraudulent sale deed was executed in favor of two brothers for sum of Rs 60 lacs. On 2 May 2023 we filed a suit for declaring this fraud deed void and also for seeking injunction to protect our possession. The two brothers who are the new title holders on basis of fraud deed had filed a caveat, because of which we couldn't get ex -parte temporary injunction. On our application a court commissioner went to our Vrindavan house and filed a report in court on 17th May confirming that we are currently in possession of house. The next date of hearing in our case is on 25th May where we hope to get temporary injunction relief - since adequate amount of chances have been given to the caveat filers and they still haven't appeared in court. Also filed a case under CrPC 156 (3) for FIR, still pending. Now on 18th May we came to know (because of a caveat filed by mother too) that during pendency of our civil suit, these two brothers have also filed a suit for injunction on 18 May to protect their possession - falsely stating that they are currently in possession of the house and their possession should be protected from being disturbed by my mother - who has conspired with the imposter Vishal Gupta to take away their money by fraud. My queries: 1) Can they file another suit while our suit is pending on same cause of action? Shouldn't this suit be stayed under sec 10 of CPC? How should we respond to their injunction suit? 2) Can they seek relief of temporary injunction or deny us the same - on basis of the argument based on the lie that my mother colluded with imposter Vishal Gupta - who sold the house to them on wrong facts to take away their money? 3) Many people have advised us that we should ask someone to stay in the house as a watchman but we can't trust anyone at this stage and fear that he too can collude with the other party. Also if we open the main gate of our house - can't the other party put someone from their side to enter and stay in the house too. In that case they wouldn't even have to break the lock. Is it necessary in order to prove possession that someone should be staying inside the house? What advantage does that give? 4) Would parking my old Santro car, blocking the front main gate of house as an additional entry barrier- be a good idea?
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1. Yes, they can file but you too have right to rebutt and contest their claim. You can ask the court to club the case in one court.
2. You can appoint a security from dome reliable agency so as to protect and keep possession intact. Periodically some one from family should visit the plot yo keep a check.
3. Yes, you can park your car beside appointing a security.
Some other preventive steps are also required to be taken. Go strategically.
1. No
2. only with strong prima facie evidence
3. not needed
4. yes
1) they can file separate suit that they are in possession
2’ ) reply upon commissioner report that you are in possession of property
3) they can seek temporary injunction
4) it is advisable to start staying in said house
5) merely parking of car is not sufficient
1. They have rights to file the suit which may be similar to your case, you have to challenge the same on merits and documentary evidences in yor support, you cannot say that they cannot file any suit.
2. Since you have filed the caveat petition, the court will not grant temporary injunction without hearing your side and it will pass an order based on the details you may furnish before court about the pending case from your side and the commissioner's rep rot confirming the possession of proeprty with your mother.
3. You can decide about it becasue it is a practical issue.
4. The above answer suits this question too because there is no legal issue involved in your question
Separate suit is file to dilute the FIR once register. Counter claim will file and not separate suit.
Why don`t you high light your sale deed ?
Obtain stay is only option. You are not suppose to prove possession but your title via sale deed.
Develop the house and put on rent to students and keep regular watch on the property.
Dear client,
It is generally not permissible to file multiple suits on the same cause of action. If both suits involve the same cause of action and the same parties, the second suit may be stayed or consolidated with the first suit under Section 10 of the Civil Procedure Code (CPC). You should discuss this matter with your lawyer, who can file the appropriate application to the court to request the stay of the second suit.
The granting of a temporary injunction depends on various factors, including the merits of the case and the balance of convenience. If the other party can prove that there is a possibility of irreparable harm or loss if the injunction is not granted, they may be successful in obtaining temporary injunction relief. However, your lawyer will be in a better position to assess the strength of their argument and provide guidance on how to respond effectively.
Possession can be established in various ways, and it is not always necessary for someone to be physically staying inside the house. However, having someone present at the property, even as a watchman or caretaker, can help demonstrate that you are in possession and taking steps to protect your property. You should discuss the best approach with your lawyer, taking into account the specific circumstances and risks involved.
Blocking the front gate with a car may provide an additional physical barrier, but it's important to consider the legal implications and potential consequences. Blocking the gate could be seen as an obstruction, and it may not be advisable without proper legal authorization. It's best to consult with your lawyer to explore legal ways to protect your property.
Remember, the information provided here is general in nature, and it's crucial to consult with a qualified property lawyer who can provide you with advice specific to your case. They will be able to review the details of your situation, assess the relevant laws and regulations, and guide you through the legal process..
Thanks for your valuable inputs. As described above, my mother has a house in Vrindavan and someone by falsely stating that she has expired and he is her sole legal heir has done a fraudulent sale deed of this house in name of two brothers. We have filed a civil suit to set aside this sale deed and also filed a 156(3) for registering FIR. Both are pending. Now the police officer (he works under the Circle Officer) who is investigating this on basis of our complaint (No FIR is done) is saying that these two brothers (new buyers) are willing to do a settlement with us - as part of which they would cancel the deed by appearing in court and then in return, once that is done, we should take back our 156(3) case. But we need to agree to above in writing before hand. If we agree to something like this, and later the new buyers fail to deliver on their promise of cancelling the deed - would such statement given to police weaken our criminal case for registering FIR against these new buyers? Would it hamper our chances of getting FIR done in future? Please advise.
File consent terms in court where suit is filed that sale deed shall stand cancelled
2) that you would not proceed with criminal case
You can ask the police to go ahead with the registration of FIR and file a challan before court so that you can arrive at a compromise during trial which will be more effective because they cannot go back by their word then
Until you have a hold over them through criminal case, they may not adhere to the oral agreement.
In your case, mere cancellation would not serve your purpose as there is fraud from govt records since its inception. Firstly get the records and deed rectified thereafter only withdraw the case. Statement to police is irrelevant and it will not ensure your safety and security of property. So go legally ensuring and securing your property first.
Don`t give anything in writing. ask them to withdraw suit and apply for cancellation of sale deed before registrar. Than you are agree if police submit closer report.
No. Statement given to the police is not admissible under law and only used to contracting your stand of evidence on record
In general, when dealing with a criminal case, it's important to consider the potential consequences of any agreements or statements made to the police or other parties involved. If you agree to a settlement with the new buyers and provide a written statement indicating that you will withdraw the 156(3) case, it may have implications for your ability to pursue a criminal case in the future.
By agreeing to a settlement, you may be effectively acknowledging that a resolution has been reached, and it could be difficult to later argue for the registration of an FIR if the new buyers fail to fulfill their part of the agreement. It may weaken your position in claiming that a criminal offense has taken place.
Before making any decisions or providing any written statements, it is highly recommended to consult with your lawyer. They can review the specifics of your case, the proposed settlement, and provide advice on the potential consequences and risks involved. They can also guide you on how to protect your interests and ensure that your rights are safeguarded throughout the legal process.
Thanks for your valuable inputs. As described above, my mother has a house in Vrindavan and someone by falsely stating that she has expired and he is her sole legal heir has done a fraudulent sale deed of this house in name of two brothers. We have filed a civil suit to declare this deed as null and also for permanent injunction. While the defendants (the two brothers) are yet appear in our suit - they too have filed a suit for permanent injunction against us. They have falsely stated in their suit that my mother is not related to the house under dispute and that they are in possession of this house from the date of the sale deed (13 Mar 2023) and my mother is trying to break into their possession. I have some queries: 1) They have filed this suit on 18 May 2023. Our lawyer applied for certified copies of this suit on 19 May. Now the civil court is closed for vacation from 1st to 30th Jun. Since we have taken out the certified copies would it be presumed that summons have been served to my mother on 19 May itself and 30 days for filing the written statement would start from there? 2) Would court vacation be excluded from the 30 days period of filing written statement - or do we need to file it by 19 Jun? Is it fine if we file it even one day before 6 Jul (which is next date of hearing in their case)? 3) Do we also need to file counter claim for relief of permanent injunction in their suit, while we have already asked for this relief in our suit? 4) Should we ask for both the suits to be combined in our written statement? Or is it better to file a rejection of plaint application later? 5) Can criminal case be initiated against them for falsely stating that my mother isn't related to the house in their suit?
You can make application for clubbing both cases
2) no need to file criminal case
3) you have to file written statement only after service of summons
1.Though summon shall not be presumed to have been served but it establish that the pendency of case was within your knowledge. Technically from the date of service of summons issued by court the period of limitation shall commence to file written statement. What is the stage of the case.
2. Yes period of vacation be excluded for calculating the period. Has summons be issued by court and had the same been served? If answer is no, then wait for issuance of summons by court and for service of summons.
3. Yes, you can file counter claim also. It is case of fraud so exhaust other remedies also in pending case.
4. Yes, you can request the court. Filing of application for rejection depends upon facts and merits of the case.
5. Yes, but criminal case should be filed before you join the proceeding in pending case and not after joining the proceeding. When a civil dispute is already subjudice before competent court then on same facts, ground and between same parties filing of criminal case would be an abuse of the process of law.
1. If the summons were not served on her then the time will not begin, however it is to be seen that if your lawyer had filed a vakalatnama in this suit on behalf of your mother, of course without which the court will not supply the certified copies of the case related papers/document.
In any case the one month vacation period will not be taken into account for the limitation purpose to file written statement.
2. First of all ascertain the above points you will come to know the other aspects automatically.
3. There is no restriction for you to file an injunction application agaisnt them in their suit too, but it will not be a counter claim instead it is a relief sought from your side.
4. You can decide based on the nature of the suits and the reliefs sought, discuss with your advocate on all such practical issues at length.
5. No criminal case is maintainable for this reason.
1 yes
2. No you can file it till 120 days
3. Yes
4. Rejection of plaint
5. yes
1. The limitation period will be run from the date of getting the certified copy of the suit , and even the vacation period will not be counted for filing the written statement before the court.
- Further, if you have not received the copy of the suit with the summon , then you can take this plea before the court and the limitation will run from the date of receiving the complete copy of the plaint with the documents.
2. Read Reply No.1
3. You can take plea that his suit is not maintainable as it filed on the same cause of action.
4. File application under section 7 rule 11 for rejection of his suit
5. Yes, even you can move an application under section 340 CPC before the court where his suit is pending for lodging FIR against him on the ground of misguiding the Court and giving false information.
Thanks for your valuable inputs. Have some further queries: 1) After a lot of follow-up Senior superintendent of police (SSP) has instructed the SHO to file FIR. Our 156(3) application is still pending in court. Once the FIR is lodged should we just inform the magistrate or do we need to move an application to withdraw the 156(3)? 2) Further do we need to ensure that FIR mentions names of all the accused and right IPC sections? If it doesn't, can this too be rectified through 156(3) or is 156(3) only for lodging FIR? 3) Like I mentioned earlier, now there are two civil suits pending in the court of same civil judge. One filed by my mother for declaring the fraudulent sale deed as null/void and for permanent injunction. And the other filed on a later date by the new title holders (as per fraud deed) for permanent injunction against my mother. We are in process of filing written statement for the suit against my mother - would it be appropriate for us to claim the relief of permanent injunction as counter claim in written statement - given the fact that we have already asked for the same relief in a separate suit? Would it count as abuse of law? 4) If my mother decides not to file for counter claim for relief of permanent injunction in the written statement, can she as defendant still move an application for temporary injunction (CPC Order 39 Rule 1(a)) for not alienating the house against the plaintiffs?
Make application to withdraw complaint filed before magistrate
2) police will carry out investigations and lodge FIR mentioning name of all accused and IPC sections
3) no need to file counter claim
4) mother can file application and seek injunction
1. You should move an application for the withdrawing your compliant before the magistrate , if the FIR lodged by the police official.
2. Yes, firstly you should go through the FIR , then withdraw the compliant
3. Yes, however the court may call for argument on one matter after clubbing the two suits.
4.She should file the written statement , and there can take plea that the case filed by the other party is not maintainable .
1. If FIR registered then you can withdraw your complaint.
2. It is duty of police and court.
3. Yes, you should file counter claim.
4. No, she cannot.
You ca withdraw from court through application
you can inform the police to involve proper sections of not done same can be added later in court too
3 yes you can do that it’s not abuse if relief is different
4 yes
1. you may wait until the police registers FIR and take follow up action after which the police themselves will inform court about the action taken on this complaint subsequent to which the court will dismiss the application considering it as infructuous.
2. If the FIR is not covering all the names and the proposed sections of law, then you can file a petition under section 173 (8) cr.p.c. seeking re-investigation for including the left out names and sections of law.
3. You concentrate on what is to be done by you instead of thinking too much about their case, you can file written statement and counter objections and remain silent, since you have already sought for injunction in your own suit, you can confine to that relief alone.
4. He has filed the suit asking the said reliefs, since you have already filed a similar suit, you can concentrate on your reliefs alone, there is no necessity for filing counter claim once again.
Thanks for your valuable inputs. I have some more queries: 1) Police has registered FIR against all the accused. An IO has been assigned but even after 4 days of registering FIR - the informant/complainant (myself) hasn't been contacted by the IO so far. I have been advised by someone that I should send my statement as an affidavit alongwith necessary documents to the IO by registered post. This way IO would be forced to take them on record otherwise he may not record the statement properly. Is this the right way to proceed or should I go and meet the IO and give my statement personally to him? 2) Can I include suspicions in my statement - like I strongly suspect that the cheque numbers provided by the buyers (as proof of payment) in the fraud sale deed are fake, or should I restrict myself strictly to facts? 3) I was thinking of contacting IO myself on phone - instead of waiting for him to contact me. So that investigation can proceed at a faster pace. Is this fine? Or should I wait for IO to contact me. 4) SSP has asked the SHO to arrest all the accused (at time when he instructed to file FIR) I am not sure if it has been done so far. Can I follow-up with SHO or IO on this - or is this something that after FIR only Magistrate can order?
First take anticipatory bail
only 4 days have passed .the IO are over burdened with cases hence recording of statements take time
2) wait for a week or so then go and meet IO personally . Take your statement along and obtain acknowledgement of receipt of your statement
3) restrict your self to facts
4) there is no automatic arrest . Police had to issue notice to accused to record their statements
1. Donot jump to intervene the investigation. IO will call you so only then give required focuments and information as asked by IO. Act under guidance of a competent lawyer and donot go with wild advises.
2. Let IO to investigate. Your accusation is already in your FIR.
3. No. IO has to complete investigation within 60 or 90 days depending upon sections under which FIR is registered.
4. Just keep watch. Donot intervene or interfer in investigation of police. Arrest of accused is not a solution rather would be a blaster to your interest and case. IO has to inform his superior and court and take required permission.
You are required to take few steps in pending case.
1. You have to wait for the IO to inform you about the investigation process after which you can give your statement, if it's delayed inordinately then you can approach him in person.
2. You can give statement concerning to your case.
3. You can decide.
4. After FIR the police have to take action automatically.
1. You should physically contact with the said I.O for giving statement and submitting the evidences.
2. You can submit all the facts to the I.O.
3. You can contact him
4. If the accused not arrested within a fixed time , then you can move an application before the court for knowing the status of the Investigation .
Thanks for your valuable inputs. I am completely new to such proceedings, hence have so many questions. Some further queries are: 1) As per Supreme Court, an application under 156(3) isn't only for registering FIR but can also be filed in cases where the complainant isn't satisfied with the police investigation being done for a registered FIR. In our case the application of 156(3) was filed to seek the relief for getting the FIR registered. Now the FIR has been registered due to order of SSP. So if I withdraw the 156(3) application and later I am not satisfied with the police investigation, would I be able to file 156(3) application again for that purpose? Would that be maintainable? 2) Instead of above can I continue with the existing 156(3) case, and just inform the court that FIR has been done and then simultaneously file another application in the same 156(3) case seeking status of police investigation after FIR? Is that possible? 3) Does police file its own criminal case against the accused persons on basis of FIR immediately or after the charge sheet? 4) In the above criminal case filed by police against the accused persons, can the informer/complainant (myself) also file an application in this criminal case to seek the status of police investigation? 5) If the police arrests the accused persons, would it lead to delay in my mother's civil suit for declaration of fraudulent sale deed as null/void? Would it hamper/delay her temporary injunction application? 6) Lastly, while filing written statement (in the false permanent injunction suit against my mother), can we submit photocopy of possession report by court commissioner and submit its certified copy at a later stage (as it would take time to get the certified copy)?
If you are not satisfied with police investigation in case police file closure report you are at liberty to file protest petition before magistrate for further investigations
2) fresh 156(3)may not be maintainable
3) police investigations take time .your application fir status of investigation may not be maintainable
4) you can file RTI application as to status of investigation
5) arrest of accused would not affect civil case
6) you can submit photo copy
1. Yes. You can approach court.
2. On registration of FIR complaint under section 156 (3) is not maintainable.
3. FiR is sufficient. No separate case is required.
4. No. Police will file its report under section 173 cr.p.c.
5. Civil and criminal cases are distinct. Police has power to take every possible step.
6. No. Court commissioner shall file its report to court and not to you. You can give reference.
Consult your lawyer.
1. If you will not satisfied with the FIR lodged by the police , then you can approach the court for re-investigation of the case even after withdrawing the complaint.
2. Since, the FIR has been lodged , then the court will itself came to know regarding the same , and where you can mention the same.
3. New FIR will not lodged against the accused , however new sections can be included at the time of framing of charge.
4. Yes
5. No
6. Yes
1. Instead you can file a petition under section 173(2) cr.p.c. for more reliefs.
2. No, once the police has registered the FIR, then the court will close the petition filed under section 156(3) c.p.c. as it becomes infructuous.
3. FIR itself is case, the police will then investigate the matter and file the charge sheet
4. Once the FIR is registered it becomes the duty of the police to file charge sheet.
5. No.
6. There is non necessity to file the certified copy at this time, it can be filed at the time of trial or deposing evidence
Yes all the above things can be done but they will not share any material to any one till investigation is complete. It will not delay the same but you need to file civil suit in limitation. Yes you can submit that photocopy
First set of queries:
The presumption of summons being served may vary depending on the specific rules and procedures followed by the civil court in your jurisdiction. It's best to consult with your lawyer regarding this matter to understand the local rules and how they apply to your case.
Again, the treatment of court vacation in relation to the filing of a written statement can depend on local rules and procedures. Typically, court vacations are excluded from the calculation of time limits. It's essential to consult with your lawyer to understand the specific rules applicable to your case.
If you have already requested the relief of permanent injunction in your own suit, it may not be necessary to file a counterclaim for the same relief in their suit. Your lawyer can guide you on whether it's appropriate to include it as a counterclaim or if it should be pursued solely in your own suit.
Whether to ask for consolidation of the suits or file a rejection of plaint application is a strategic decision that should be discussed with your lawyer. They will be familiar with the specific circumstances of your case and can advise you on the best course of action.
Falsely stating facts in a suit can be a serious matter, but the decision to initiate a criminal case would depend on the specific laws and procedures in your jurisdiction. It's advisable to consult with your lawyer and possibly involve the police or appropriate authorities if there is evidence of fraudulent statements.
Second set of queries:
Once the FIR is lodged, it would be best to consult with your lawyer regarding the appropriate course of action. They can guide you on whether to inform the magistrate or file an application to withdraw the 156(3) application.
The contents of the FIR should ideally include all relevant details and allegations. If you have suspicions or additional information that you believe is relevant, it's generally advisable to include them in your statement. Your lawyer can provide more specific guidance based on the laws and practices in your jurisdiction.
Contacting the IO to provide your statement or inquire about the progress of the investigation may be a reasonable step. However, it's important to follow the guidance of your lawyer, who can advise you on the best way to proceed in your specific case.
The status of arrests and the appropriate follow-up procedures can vary depending on the laws and procedures in your jurisdiction. Your lawyer would be the best person to guide you on the appropriate actions and who can provide updates on the progress of the case.
Third set of queries:
If you withdraw the 156(3) application after the FIR is registered, it may be possible to file a subsequent 156(3) application if you are dissatisfied with the police investigation. However, the availability and maintainability of such an application would depend on the specific laws and procedures in your jurisdiction. Consulting with your lawyer is crucial in this situation.