Dear Lawyers,
I need a smart solution on this issue, As this is a forgery case and it is keep repeated and many peoples were victims. I would appreciate your help on this matter.
Case History:
In our area, there is a fraud guy who have created a forged legal heir court order claiming Mr.X as his Grand Father. In past, Mr.X has originally bought few properties through Auctions and those items does not have Cadastre number or Re-Survey number or Town Survey number. But auction properties has boundary descripttttions. The auction properties were due to family disputes and this fraud guy nothing to do with Mr.X and fraud guy is not grandson of Mr.X. The auctioned properties are with original owners.
With the fake legal heir court order and with the help of corrupted sub-registrars, the fraud guy is keep registering the sale agreement or sale deeds. Claiming the aution properties are his grand father property and the properties registered are same as that of Auction properties.
In reality,
* Auction property boundaries not tallying with the forged sale agreement that has been created. It can be easily identified by reviewing the boundaries with the actual Field measurement Book (FMB).
* Fradulent guy has no other document other than forged legal heir. Also he does not have auction property documents other than a notice issued around 1950.
* In one of the recent cases, it is proved that sale deed created by fradulent is void & null due to legal heir claim is false and due to wrong property descripttttions.
* The reason he does is, just to create encumbrance and threaten property owner to get money out of it ( by saying popular names of local Gundas ) or forcing the land to sell at lower rates.
* If we go for police, it is just treated as Civil Case.
* With the fake document, the fradulent guy has created encumbraces for half of the area in that revenue village and land registered officers simply sleeping without taking any action on him. By saying lame excuses on civil rules like "No power to verify the title" & "No power to cancel forged document". Also I personally know around 7 cases on civil court and most of them dealing the same case individually for their own properties in civil court. Also not sure how many people are not aware of the encumbrance created on their properties. Since it is not possible for someone to check every year the encumbrance of the property. Even if it is checked, then ultimately they need to go Court which takes years and need more money to spend.
The questions I have,
1. By reading my above comments , it might be clear that with out corrupted sub-registrar this wont be happened. Is it possible to take this case for CBI enquiry to investigate further on this matter. Reason, I ask for CBI enquiry is , recently they have registered a Government property along with my property with the same approach. When I took this matter to collector, Collector actively involved on it .. But as days passed and due to Supreme courts recent orders that District registrar cannot cancel the document. District registrar delaying this matter these days & not able to meet collector these days. Hence I want necessary action to be taken on Sub-Registrar who has allowed this to happen and need to investigate throughly what are the other government & private properties have been sold illegally and/or created encumbrances.
2. Just with Rs.20 sale agreement, the fraud guy and the corrupted land registered officer registers my property along with government property. As an action of this issue, Now I have to pay court fees and lawyer fees and years of waiting on judgement and unneccessary loss of pay .. Hence I want state government or District Registrar office to be bear this amounts .. Is it possible to do by law ? As they are were not able to save Government property which is issued in Governement Cazatte. How this officers will protect public properties ? Hence I want some kind of compensation as a affected person.
3. As I said above, Knowing the outcome of the judgement, the fraud guy still creates encumbrances with the forged legal heirs. How to stop him ? Other than obtaining permanent injunction on each and every property he try to create Encumbrance. The permanent injuction as far I know able to obtain after the incident happens not prior to it. Any other suggestions to done it quickly.
4. Is there a way to bring this issue to Supreme Court attention and take neccessary steps like "Empowering District Registrar to cancel on forgered document" or put strict rules on forged document creation and prevent public from local gundas ?
Please kindly help on this matter.
Thanks
Smith
