Stealing of fsi on paper by forgery is civil or criminal matter?
- my grandfather left a plot of 5000 sq ft with 33*48 constructed home in center.
- property was to be divided in 3 brothers.
- 2 legal document was created on 100 rs stamp paper in 1990 and signed by 3 brothers, grandmother, 5 sisters (givign noc)
- stating left(front) open portion of plot of 33*48 will be given to uncle. ready made home to yonger uncle (being jobless) and right most/rear portion of 38*48 sq ft to my father.
- later my uncle took signature of my father on construction permission document which my father signed in good faith assuming he will construct home in area allocated to him.
- Uncle never showed construction map to my father when asked frequently saying it is misplaced.
- Uncle constructed 2 story buling on left /front portion allocated to him
- however he did not left 15 sq ft open space which is mandatory per municipal rules.
- now in 2016 when we got 2 legal docs after frequent followup for 3-4 yrs from him, we noticed he had forged those 2 legal documents by applying whitner on area allocated to him (33 *48 ft) and instead wrote 44*48 ft by pen,
- when we investigated further, he had submitted map for construction permission to municipal corporation (and got permission) by showing more area of his front section as 44*48 (instead of 33*48) and showing lesser area of my fathers rear/right section as 24*48 (instead of 38*48)
- He also cheated municipal corporation while obtaining permission by showing empty space of 15*48 ft in front of his proposed home of 30*48 ft. (where as actully there is only 5*48 space available)
- He cheated municipal corporation by building wall compund in front section of plot by taking space between soc road and plot in illegial possession)
- Does this matter come is civil or criminal law? can we lodge fir for forgery under 468 of criminal law for forging leagal docs with whitner, showing incorrect /false dimensions of section of plot,
- Do we need to file police complaint? or complaint to municipal corporation to demolish his illegial construction OR file court case?
- Which route will give fastest result? how much time will it take?
Asked in Property Law from Aurangabad, Maharashtra
1) you can file complaint against your uncle for cheating , forgery against your uncle
2) also complain to muncipal corporation for demolition of unauthorised construction done by uncle
3) you can also file suit in district court to direct uncle to vacate construction carried out on your portion of property
4)litigation is long drawn process and disposal of your suit would depend upon pendency of cases in district court
1. This is actionable both under civil and criminal law. Under the criminal law he is liable to be prosecuted for the offence of cheating, criminal breach of trust and forgery.
2. On the civil side you may file a suit for declaration of the documents forged by him as illegal and consequent demolition of construction made by him