Produce original documents for inspection and give certified copy to police
deny allegations made in FIR
Alleged to have sold an agricultural land second time
My sister and I have recently sold an agricultural land in West Bengal. It is an inherited property. After 10 days of sale and registration of the property in the new buyers name, an unknown person has filed a FIR against me and my sister u/s 420/406 alleging that we have knowingly sold the land 2nd time as the land was sold to him by my deceased father in 1983. He has made other false allegations of contacting us before the recent sale and informing us about his ownership on the same land. We have never met the person nor heard of his name earlier. In the FIR the person has not mentioned any Deed no. even though he claimed that he has a Deed confirming his ownership. However he has not registered the property nor has done mutation, that's the reason his name is not showing in the LR search records. We have now received an intimation from the Police Station to bring in the original deed. What do we do now? Please advise. Thank you
Asked 1 year ago in Property Law
Religion: Hindu
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7 Answers
- Since, this is an inherited property after the demise of father, hence none having right to sell the property except both of you.
- Further, the said FIR is not maintainable on the ground that the father has sold the said property in 1983 , and the FIR is going to be lodged after a long period of 41 years after the demise of the owner of the property
- Further, if the property was sold by your father , then original documents should be with the said person , and if you have the original papers in the name of your father , then produce the same to the police.
Dear Client,
Examine the FIR: You should pay particular attention to what was complained about concerning your sister and you. Pay attention to the aforementioned passages (420–406) and to the information about the unidentified individual and his/her accusations.
Untrue Statements: This is especially important if you have never met this person and were never in a position to refute or corroborate their stories.
Property Records:
First action: attain the records of the original land grants. To prove auditor’s ownership and authenticity of the most recent transaction, this document is vital.
Ensure the validity of the deed that is being produced by the unidentified person is as genuine as they are portraying it to be. This must have made a lot of sense to be legally sound if he failed to register the claim.
Title Examination: Documents: All one needs to do is to look at the particular Records Sp Slim lt LR in detail. For your information that after the recent transaction your both names appear as owners in the following.
Status of Mutation: Check if the transfer has been completed for the new buyer’s name. The fact is they may be in a significant disadvantage and weakened by lack of mutation in the case of the unknown individual.
Moreover, what one can do is that to remove the FIR from its place and time. Upon issuance of the FIR, one may approach the High Court and request for the quashing of the FIR. It is your petitioner’s duty to prove that the FIR was falsely made and the intention was to cause trouble rather than to seek justice.
Evidence Gathering: Pull an alibi. They include any form of record that would show that you had no information of the unidentified person’s claim, correspondence (log books, letters), and sale records.
Observe Notification: Ensure you reply to the notification ref from the police station as soon as you can. As important, ensure that you bring the deed that was signed at the time of purchase and any other relevant documents.
If your case is genuine then why should you be worried about the false complaint given against you by the complainant.
You collect the evidences to show the genuineness of the proeprty and also the registered deeds in favor of your father, mutation records and other relevant records of the proeprty in your possession and produce them before police and ask the police to instruct the complainant to approach civil court if at all he has any claim towards the proeprty, he cannot lodge any complaint against you because it was not sold to him by you.
Besides he is stating that it was sold to him around 4 decades ago, what about the sale deed in his favor, whether the property was in his possession, if not then why did he not claim possession after purchasing it?
There are lot of technical defects in his complaint, which can be sorted out in the police station to close his complaint.
1. Go to Police station and produce the original deed and apprise them of the fact..
2. In the meanwhile obtain Encumbrance Certificate from the jurisdictional Sub Registrar's Office which reflects the entire transaction till date, based on which the other person's claim can be ascertained.
Dear sir,
Take the notarized (true copy) of the original deed agreement for police verification.
Show them the original only if dire necessity arises. You may appoint a local agent at sub registrar office to get details on ownership of the property..
You can only produce the same if it’s under section 91 and same doesn’t go against your case
