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rajan (student)     28 January 2014

Fraud paper

Hi everybody, I need your help please reply me. 

 

Few days ago we purchase a small property from relative.  In seller(Relative ) family mother and son, father died a 1 year ago. Recently I had that deal and we purchased it and got it register in my name. However after registration there is one more process called  Mutation( Dakhil-Kharij) is still left. Now a new scene has came to my light. My neighbor somehow managed a fraud paper and got that property in his name 16 years ago and so far never claim that property and it was in the hand of real owner. Since I got that property registered in my name legally followed all process. I saw that fraud paper and my finding is below 

Note: That property was ancestral( grand father property )

 

1. That paper has only seller(father) thumb impression which I am sure is not his impression 

2. 16 years ago, Sons of seller was adult around 30 years old , so registry paper should also 

have those sign or impression since the land was ancestral but it has only seller father thumb impression 

3. In witness there was 2 people who all are dead but I am sure that impression might be fraud too.

 

My question is what would be best way to defend this case in court. Shall I be the one who file a case or  it shall be seller ( As I told you once process called "Dakhil-Kharij" is still left )

Also I want to file a case of fraud under section 420. How to proceed about it.  Please reply me. 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     28 January 2014

Have you taken possession of the property after purchasing it?, Was the alleged sale deed in possession of your neighbor a registered document ?, if not, do not worry about its validity and also do not bother about filing any case against him.  Let him file case against you for eviction and possession or injunction, you contest it because you are in possession and he is claiming it after a gap of 16 years of alleged purchase, he does not hold grounds in his claim.


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