• File criminal writ of certiorari in Karnataka high court

2 acres  07 guntas of ancestral agricultural land in Whitefield Bangalore belonging to my father has been sold by two separate registered sale deeds to three third parties in 10 October 2006 through an unregistered notarised irrevocable GPA which is coupled with interest purportedly executed in 26 November 2002 by my father, my father says his signatures have been forged in this GPA. since the GPA is coupled with interest i.e. it has been given for some monetary consideration then stamp duty as per section 41(e) of the Karnataka stamp act 1957 should have been paid on this sale agreement and it should have formed part and parcel of the final registered sale deeds along with the GPA whereas no stamp duty has been paid on this sale agreement and it does not form part of the  final registered sale deeds. Subsequently this land has been taken over by the government of Karnataka in June 2007 and compensation amount of Rs 55 lacs was paid to three third parties on 24 Nov 2009 by the land acquisition officer KIADB through an order despite objections filed by my father. Since the fact that my father’s signatures have been forged in this GPA will be difficult to prove in court,  i now want to file a criminal writ certiorari in the Karnataka high court under Articles 226 and 227 based on  art 300a against the KIADB special land acquisition officer for ordering an  award  of compensation where he had no jurisdiction to do so since it was under dispute before him and he should have deposited the compensation amount with the court and referred the case to the court for final decision as per sections 30 and 31 of the land acquisition act 1894 and also court to order KIADB to recover the compensation amount and deposit it with the court within one month, till the matter is decided by the court. Also criminal action to be ordered against the Sub Registrar Hoskote for registering a sale deed based on an unregistered notarised GPA whereas only registered GPAs  can be used for registration of sale deeds of immovable property above Rs 100 as per section 17 of the registration act 1908 therefore these illegal registered sale deeds should be cancelled and also the required stamp duty was not paid on the original sale agreement on which basis the GPA was made hence the GPA itself is invalid. can anyone help me file this criminal writ certiorari in the Karnataka High court.
Asked 2 years ago in Property Law from Bangalore, Karnataka
1. You are silent abut about whether any civil dispute to set aside deed of sale was ending or not.
2. You are equally silent about pendency of any criminal case or not.
3. In absence of any specific order of civil court the Govt is not bound to deposit the compensation amount in court as no decree has been passed in your favour as yet.

4. In absence of any criminal case pending, no criminal writ petition can be filed.

5. First get the said sale set aside and then claim the compensation amount.
6. Sale on the basis of unregistered GPA is not void though irregular.
7. if you give details of criminal complaint already lodged with Police there, i may help further in criminal writ petiiton.
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
You can choose anyone from the lawyers list in kaanoon.com and file a writ petition in the Bangalore high court.since you told in GPA forged signatures are there. Then why didn't you proceed of making GPA invalid.so if proved that GPA would be striped off as well as sake deed then you can give it for acquisition and get the amount
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1) there are number of lawyers on this site from Bangalore . contact any of them 

2) you have stated that your father signatures were forged in GPA in October 2006 . you have not mentioned whether any criminal complaint was lodged by your father regarding forgery , fabrication of documents before magistrate court . 

3) you are under misconception that forgery cannot be proved . by opinion of handwriting experts  it can be established whether signature has been forged or not . 

4) if you had not filed any criminal complaint of forgery / fabrication of documents nor filed any civil suit for setting aside sale deed on account of forgery the govt would be justified in awarding compensation of Rs 55 lakhs  to third parties whose name appears on sale  deeds

5) your criminal writ petition against Special land Acquisition officer would not be maintainable as no civil/criminal proceedings are pending as on date . 

6) GPA for sale of property is required to be duly stamped and registered . only on basis of registered POA can sale deed be registered . Sub registrar should not register any such sale deed wherein GPA is not duly stamped and registered . 

7) in the civil suit  to be filed by you all these contentions should be raised .
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
Hi, we have to look into the documents  whether a writ jurisdiction is appropriate or suit has to be file based on the documents you can contact me i can perhaps help you in this matter.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Your query is silent as to whether your father filed a criminal case for forgery and cheating as his signatures, according to you, were forged. Since the signatures have been forged your father can move to court of magistrate and file a criminal case against the persons who forged his signatures. 

2. On what basis have you formed the opinion that forging of signatures will be difficult to prove. The court can form an opinion in favour of the forgery of signatures depending on the proof adduced before it and supplemented by the handwriting expert.

3. The ancestral land was sold on 10th October 2006 by forging the signatures of your father. The failure of your father or other persons having a share in the ancestral land to initiate legal proceedings for 8 years to recover the land which was illegally sold is a weak link in your case. The delay has not only emasculated your remedy before the High Court but also vested the sellers with many legal defences.

4. You have quoted numerous provisions of law. However, the basic question which arises at the outset is why should the High Court pass any order in your favour in writ proceedings when you had for 8 long years not taken any step to recover the property which according to you was illegally sold. Mere quoting of legal provisions does not help. After the sale of property the purchasers became the legal owners of the property, so no fault can be found with the government for awarding compensation to the tune 55 lacs. It was for you to prove that the land was illegally sold, but you initiated no legal proceedings in this regard. 

5. Your only remedy at this stage is to file a suit for recovering the land which has illegally been sold. Since GPA was neither registered nor stamp duty paid thereon sub-registrar ought to have refused registration thereof. Criminal proceedings can be initiated against him as well. Whether or not anything effective would emerge out of filing a writ is a question that can be decided only after perusing all the documents related to the property. If the outcome in writ is favourable then it can work wonders. Have a conference with a lawyer and set the ball rolling immediately lest your legal remedies are foreclosed permanently due to continuous delay.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hi,
It is better that you consult an advocate from your area with your documents, he/she may be able to understand the case better way by seeing the documents and you can proceed further  in a civil court to recover the land which sold illegally. take steps to prove  the sale illegal .
why should you start with High court, First try to establish the land was sold illegally, then go ahead and get necessary orders through a writ petition.
If your suspect a fraud , forgery  first step is to file a criminal complaint either with the police lodge an FIR, in case this does not work  file a private complaint.
Before any action in any court  you will be asked about the delay, Why have you not taken any steps to object
 Proceed with the normal course of law  approach the civil court against the illegal sale and take action against the registering authority for not complying with the  genuineness of Document as you have alleged the POA was forged and not registered .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
A. As per your statement your father's signature was forged in the GPA. Did you lodge any criminal case under forgery and fabrication of documents under IPC and it is not difficult to prove due to once issue arises framed by the court that the matter would be referred to  Handwriting Expert of Forensic Science Department .

B. When the alternative remedy is available, you cannot approach the High Court directly. Better you can approach to the Civil Court for a declaration of the property and cancellation of registration of the Sale Deed.

C.Write a complaint to the District Registrar regarding abuse of power from the sub registrar under the registration of the Sale Deed on the basis of unregistered GPA. Moreover, the Court will take action against him.

D. Better you can approach to the Civil Court for recovery of property and lodge criminal complaint against the GPA execute under forgery and fabrication of documents.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
1. Is there any criminal case pending against any of the accused?

2. If not then no Criminal W.P. will be entertained,

3. File a criminal complaint first under copy to the S.P. If no action is taken, file an application under Section 156(3) praying for direction upon the police to investigate and act based on your complaint,

4. Get an order from the Court stating that the said sale and registration has been dome illegally by forging the signature of your father,

5. On receipt of the said Court Order only you can file criminal W.P.,

6. However, before embarking upon such legal spree, make sure that your father had not signed and signature was faked,

7. If the opposite parties can prove through forensic examination that the said signature was of your father then all your above court cases will boomerang upon you & you may be charged for filing false cases with the criminal intent of illegally gaining money.
Krishna Kishore Ganguly
Advocate, Kolkata
12118 Answers
231 Consultations
5.0 on 5.0

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