Fraud in property matter
I had filed an F.I.R in 2016 against some people for involving in section 420,467,471 and 120B of IPC. They ( son of seller) were saying that sale deed made in 1968 was fake and thumb impression on sale deed was not made by their father from whom I purchased in 1968. They said that their father died in 1964. Orginally their father died in 1978 or nearby. So I presented another 3 sale deed of 1967 of some other place. I have also presented private recognised expert FSL report (thumb impression forensic expert report) matching with sale deed of 1963 (before 1964 they were saying their father died) & 1967 with mine of 1968. On the behalf of above evidence police S.I. found that I was right and they were fraud people. But they appeared before S.P and requested to investigate another time. S.P ordered another police circle inspector of another place to investigate. He was also of same opinion and now they 2nd time present before I.G to investigate another time and file was given to ASP. Now they have demanded that DO FSL report from government lab. Can they do so? and can government lab make fake or false report as criminals are fraud people. They want to try to make it disputed. (I know that thumb are of same person and is of 100% right report) what can I do?
In such kind of situations the best option is to sit quiet and let the other person do all the talking. You know and are assure of the fact that are wrong and subsequently be proven wrong few more times. What’s the point in stopping them from proving themselves wrong. The more they try to open up new investigations, the more strong your case becomes. Ultimately, if they are proven wrong 3 times, it means that you were correct in all these 3 times – increases your weight in your claim. When the matters reaches the court for proving evidences of respective averments – let them produce a Death Certificate of their father (this will also prove them wrong). When you say that you possess all the necessary documents to prove your ownership over the property then stay back in a defence position rather than attacking the problem.
When you know they are fraud then why to bother. The least you could have done was file an F.I.R and that you did. Now if anything goes wrong tomorrow, the police will be there in your support and son of seller will come up in bad light. Anyways if they are fake or not, being a citizen of the country – they have a right to approach the authorities as and when they want.
As far as the fake and false reports from the government lab/office is concerned, the law does provide otherwise and punishes those who do so.
On the ground of documents, you seem to be the owner of the property. Now maintain the possession over the property. If they cause trouble in maintaining the possession or the ownership of the property, take help from the police.
Following the matter in a strict legal sense, gives you 3 courses :-
- Approach the Civil court and file for a case for the Declaration of Title suit in the concerned court of law under the Code of Civil Procedure, 1908.
- File a complaint directly before the concerned magistrate of the area involving sections 420, 467, 471 and 120B of the Indian Penal Code.
- If they are holding possession over the property, then go for an Injunction Application under Order 39 Rule 1 and Rule 2 of The Code of Civil Procedure, 1908.
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