Hi there, I have around 3 months back divorced from my wife and now she and her brother are harassing me and my family. My parents have couple of properties under there name, however my parents live in different city to where his properties are,they live with my elder bother in different Indian city. And I live and work abroad. She (ex-wife) knew this very well and last month my ex-wife went to one of my properties and broke the locks and took away all the properties paper. My question is can she by bribing or other means get those properties registered in her name? Since we don't have originals or copy of property papers. We only visit those properties once in year. Please suggest.
1) file police complaint against your ex wife if she has broken the locks and stolen the original property papers
2) property cannot be regd in her name unless your parents execute sale deed or gift deed in her name
3) yiu can obtain certified copies of original property documents from sub registrar office
your parents have to file a criminal case under Section 445 in The Indian Penal Code and under Section 378 IPC
445. House breaking.—A person is said to commit “house-breaking” who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say—
(First) —If he enters or quits through a passage by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.
(Secondly) —If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building.
(Thirdly) —If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened.
(Fourthly) —If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.
(Fifthly) —If he effects his entrance or departure by using criminal force or committing an assault or by threatening any person with assault.
(Sixthly) —If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass. Explanation.—Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section. Illustrations
(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking.
(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.
(c) A commits house-trespass by entering Z’s house through a window. This is house-breaking.
(d) A commits house-trespass by entering Z’s house through the door, having opened a door which was fastened. This is house-breaking.
(e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking.
(f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking.
(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is house-breaking.
(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.
378. Theft.- Whoever, intending to lake dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
suggestion you can file criminal case and nothing can be happen to your property because it is in your mother name if at all give notice to the sub registrar to avoid any fraud or impersonation and also issue caution notice in the daily news paper in your local news paper regarding the properties of the original owner .
By stealing original documents she may not b able to get the properties transferred on her name or anyone's name. Any such transaction without the consent or signature of the title owner will be invalid and held as an illegal act of forgery, impersonation, cheating and breach of trust etc. It may attract land grabbing offence too.
You have choices to lodge a criminal complaint against her for house breaking, stealing the valuables including property documents etc.
Alternately you can lodge a complaint for loss of property original title documents with police and on that basis you can apply for certified xerox copy of the title documents which will be equivalent to original title documents.
1. This is very strange action of your ex-wife,
2. She can not get the properties transferred in her name legally in normal course but she can arrange to forge the signatures of your parents and get it illegally transferred in anybody's name,
3. She can also take loan and mortgage the said properties by depositing those original title deeds to create security interest thereupon,
4. Lodge a police complaint immediately in connection with the said burglary.
Your parents should file a FIR for house trespass and theft against her and her brother. Look people do forge the documents to create the documents of title in their favour, so this is possible. Your parents should immediately file a lawsuit for injunction to restrain your ex-wife from transferring the properties to her favour by an act of forgery.
