This is about property grabbing in Gujarat. One of the Raw House in another town is in my wife's name. She has a registered sale deed from sub registrar office in her name. My father lived in that house. After my father's death, we visited the property and came to know that one lady was now living in the house. When we told the lady to vacate the house, she filed a case against me and my wife for pressuring her to hand over the property. The police took action against me and my wife and said that you cannot force the lady to vacate your house because she was living with your father in live in relationship and your father had gifted the house in her name. She has a written declaration on Rs. 100 stamp paper which was given by my father during his lifetime. The declaration states that my father gave away the house to the lady. The Rs.100 declaration stamp is not registered, nor is it notarized. We then filed a complaint with the District Collector under the Land Grabbing Act. During the investigation by the Collector Office, we came to know that the signature of my wife on the stamp paper is forged. The District Collector closed the matter under the Land Grabbing Act on the grounds that the District Collector had no authority to verify the signature and that it was a civil matter which would be decided by the court. Now I need suggestions in this matter regarding the fastest legal course of action to take against this lady who has unlawfully grabbed the property.
1. Based on the forged document by the lady, complain against her to the Police as she has done forgery and cheated you and your wife depriving you of legitimate property.
2. Also file a case in the jurisdictional Court to evict her from the house, based on unregistered forged Gift Deed document.
File suit for eviction of trespasser
2) you should also file criminal complaint against her for forgery
Since property is purchased by your wife hence your father had no power or authority to give such property of which he is not the owner so as such his act is illegal. Right of lady is not tenable and her possession is illegal. Your seem to not have been advised properly. Declaration of your father does not constitute any ownership right to her not justify her stay. It is civil court only who has power. Get issued legal notice terminating her stay and file suit for possession, permanent and mandatory injunction and mesne profit and damages. Early possession can be ensured. Go strategically.
You can file a suit to eject the occupier from the suit property which has been illegally occupied by that lady and for possession.
Hence a suit for ejectment would be a better option.
- Since, the said property is registered in the name of your wife , then your father was not having any right over the same without getting a valid document in his favor.
- Further, as per Supreme Court Judgment , a property cannot be transfer without a registered deed , and hence the said Rs.100/- stamp document having no legal value in the eye of law, and hence that lady is living there just like a trespasser.
- Further , as she has forged the signature of your wife , then you can lodge an FIR against that lady for the offence of trespassing and preparing a forged documents with a fake signature.
- If the police not taking any action within 7 days , then you can file a criminal compliant before the magistrate after submitting that compliant given to the police
- Further, out of this complaint , you can also file a Mandatory Injunction suit before the court for vacating her from the property .
Good luck, and don't forget rating positively.
These cases are very common in various Courts of India. I can understand your concern in this regard.
The formalities stated under Section 54 of Transfer of Property Act are:
Father had no right to sale the property when it was in your wife's name.
Gujarat Land Grabbing (Prohibition) Act, 2020 was enacted in 2020 and the proceedings must be instituted under this act. Since, no criminal case has been filed against the lady therefore, I would suggest you to draft a proper complaint with consultation of Advocate. Only after seeing the contents and words used to the complaint, police puts in the appropriate sections and thereafter starts the investigation. It is serious nature case and police has a duty to lodge an FIR for the same. If they do not take any action, file a complaint to Magistrate under section 156 (3) of Code of Criminal Procedure. Filing a criminal case would certainly burden the lady as compared to a civil case.
You are also entitled to claim damages from the lady. You will have to file a declaration suit for title, for cancelling the transfer done on the ground of forged signature and also to seek permanent injunction. Detailed discussion is required in such cases with complete documents.
You may contact my secretary to connect with me for clarification.
Gopal Verma
Advocate on Record & Amicus Curiae
Supreme Court of India
She has a written declaration on Rs. 100 stamp paper which was given by my father during his lifetime. - This declaration not valid.
File FIR immediately.
I can provide some general suggestions:
Gather evidence: Collect all the relevant documents, such as the registered sale deed in your wife's name, the alleged forged declaration on the Rs. 100 stamp paper, and any other supporting evidence that can help establish your claim to the property.
Consult with a lawyer: Engage a lawyer who specializes in property law to represent your interests and guide you through the legal process. They can assess the strength of your case, advise you on the best course of action, and help you prepare the necessary legal documents.
File a civil suit: Based on the legal advice you receive, you may need to file a civil suit in the appropriate court to establish your rightful ownership of the property and seek an eviction order against the lady who is unlawfully occupying the house.
Provide evidence of forgery: If you have evidence that the signature on the Rs. 100 stamp paper is forged, it is crucial to present this evidence to the court. Your lawyer can help you present the evidence effectively to support your claim.
Cooperate with the legal process: Follow the legal procedures as advised by your lawyer and attend all the necessary court hearings. Provide all the relevant documents and evidence to support your case.
You need to file a suit against that lady and seek injunction
