Property sold fraudulently
sunil
(Querist) 31 January 2015
This query is : Resolved
We have some land in a plot(Dag) in Dist: Burdwan, Block: Pandaveswar,WB registered in three different Khatian(folio) namely K1-5 in firms name, K2-2 in Mr A and K3 -2 in B's name.
Mr A, B, C & D are partners in a firm.
Mr A & B are own brothers. C is son of Mr A and D is son of B.
A new partner Mr E grand son of Mr A was introduced when Mr A died intestate in year 1986.
After the death of B in year 2009 the dissolution or new partnership deed was not made till date for the firm.
We all are in business and reside in Kolkata under same PS.
In year 2008; D sold the land K1-5, K2-2 & K3-2 by appointing an attorney to sign sales documents/deeds on B’s behalf using his father's name (B) as seller.
They made 2 sale deeds where B is selling portions from firm’s land K1-5 by declaring Mr A as a bachelor and without heir when he died in 1979.
3rd deed is where B is selling portion of land from K2-2 & K3-2 and 4th deed where portion of land is from K3-2 & K1-5.
In every deed the seller B is shown as owner and or successor of the property of his elder brother / partner.
Two new buyers have already mutated their deed in Mouza : Nabagram and remaining portion of land is still stands in the name of K1-5 in firms name, K2-2 in Mr A and K3 -2 in B's name.
My queries:
What actions Mr E and C can take against D, new buyers and the attorney?
Will it be a criminal case or a civil case?
Under which sections case should be filed and where?
What documents will be needed? Do we have to file FIR?
Please guide.
ajay sethi
(Expert) 01 February 2015
commercial query . partnership firm can afford legal fees
sunil
(Querist) 01 February 2015
Sir,
I put forth this query asking for suggestions from distinguished penal to get a clear direction on how to proceed.
K.K.Ganguly
(Expert) 01 February 2015
1. E & C can file a criminal case against D for cheating E & C by illegally selling the property of the firm and others,
2. E & C can also file a declaratory suit praying for declaration that the said sale deeds are invalid and a direction upon the regiatrar to cancell the said deeds.
Rajendra K Goyal
(Expert) 01 February 2015
Civil case be filed, Consult local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 02 February 2015
Consult a local lawyer with all relevant papers and take his advise on all the issues including further legal actions like civil suit or criminal complaint.
Biswanath Roy
(Expert) 04 February 2015
This is a clear case of perjury, forgery, fraud and cheating wherein new buyers and POA holder are abettors. E & C can take legal actions (BOTH CIVIL & CRIMINAL) against D, New buyers and POA holder. Immediate filing of an FIR is needed. As the cause of action arose at Burdwan District cases are to be filed within the territorial jurisdiction of Pandaveswar.
