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sachinjune16 (SSE)     29 August 2016

Property dispute, civil or criminal?

My grandfather left a plot of 5000 sq ft (104 ft * 48 ft)  and constructed home of 33 ft *32 ft in center.

It was distributed so that left open portion of 33 ft *48 ft was given to my uncle. (Which was front portion of plot facing soc road), ready made house in center was given to youngest unclude (being jobless that time) and right most / rear portion of 38 ft * 48 ft was given to my father (eldest of 3 brothers). 

This distribution was done in 1990 on 100 rs stamp paper with signs of 3 brothers, grandmother, and noc signs by 5 sisters.

While building home on front facing portion of plot, my uncle cheated my father by showing open area on his side as more than it was (44 * 48 ) instead of 33 * 48 and at the same time showed lesser area on rear porition of plot (my fathers one) as 23*48 intead of 38 * 48.

By doing this cheating he consumed max fsi of plot as he build 2 floors. 

He also cheated municipal corporation by showing empty space of 15*48 in front of his portion of 33*48 which is mandatory per rules to keep open. He left only 5 * 48 space open infront on his home. 

He also forged 2 legal documents related to his division of plot/allocation of portions among 3 brothers which were written on 100 rs stamp paper on 1990. he applied whitener on his dimensions of 33*48 and wrote 44*48 on both docs.

He also build wall compund in front portion to take municipal space beteen soc road and home in illegial possession.

Now we came to know about this cheating in 2016 when we wanted to replace our father name with ours (2 brothrs), after looking at whitner , we investigated to get all docs and came to know about this forgery.

My father had signed on some construction permission letter in good faith assuming he will build home on his area. he never showed propery maps says is it misplaced by architect.

Now we are planning to take leagal action against hime. Does any of these charges falls in criminal law? specially forging of docs?   

What do we need to get out plot size corrected and get his illegial construction demolised?

Can this be done through complaint in municipal corporation or police or we have to file courst case? How long will this take?

 



Learning

 1 Replies

Common Man (Occupation)     30 August 2016


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