Hii, it is a criminal offence of cheating theft and forgery .. Lodge a police FIR under , 420,467,468 , 379 IPC
Stolen my will deed and sale deed
I have aquired the house property from my mother by registered will deed and my mother expired. But the original sale deed and will deed has been stolen by my own brother in law from our business premises as he was my partner and he has raised loan on those documents by depositing the documents without my knowledge from private finance by doing forged signature of me(I have not signed anywhere). But earlier I was unaware that my brother in law has stolen the document I felt they were misplaced and I have aquired cirtified copies by giving an advertisement of missing documents during transporting on newspaper and paid challan on meeseva and submitted to police station and abstained the certificate of untraceable (without any FIR) from police but later I came to know that they were stolen by my brother in law. Now he became insolvent . Please give me proper legal advice as I am confused very much
Asked 6 years ago in Property Law
Religion: Hindu
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7 Answers
You will have to file an FIR against your brother in law, that is the only feasible option that can be exercised by you at this juncture.
Regards
Hi
Since you are the Original owner by virtue of the WILL, any transaction undertaken by your brother in law(by forging your signature) will not be binding you.
Since you have already filed a FIR and also obtained an untraceable report, there is no delay or latches on your part.
If you have received notice from the private financier or your brother in law to handover possession of property, you can always approach the court of law and seek remedy.
If you are definitely certain that the private financier is in possession of your title deed, you can always file a criminal suit against your brother in law and financier and get back your title deed.
1. You have obtained the certified copies already.
2. If you have concrete evidence to prove that both the documents were stolen by your brother-in-law then file a complaint for theft under Section 379 IPC against him in the jurisdictional police station.
if your signatures are forged by BIL you can file police complaint of forgery against him
2) you are not liable to repay the loan taken by your BIL
3) also file police complaint of criminal breach of trust , cheating against your BIL for having stolen your documents and using it to mortgage your property
First lodge an FIR against him for theft, cheat and criminal misappropriation.
In case the Police is hesitant to lodge a FIR, file a complainer before the Magistrate under section 156(3) crpc.
As regards to his insolvency, you may take an approval legal step at any point of time when the Finance Co. takes a step to attach or liquidate the immovable property belonging to you.
Since you say that your brother in law stole your documents and obtained loan forging your signature, you may challenge the loan on the basis of the said offence.
You have documentary evidence that yo lost the document, hence you can very well lodge a criminal complaint against your brother in law for this offence saying that you came to know about this fraudulent act only recently.
Take the assistance of a local lawyer to solve the crisis if they pose legal threats.
