Ananya 06 February 2016

original papers of registery of flat taken forcefully and under threat

Hello Sir,

My brother-in-law was cheated by his company owner.He had a job in Delhi and owns a flat in kolkata of which original registerey papers were forcefully taken by the company owner and threatened him that if he does not pay a sum of rupees 25 lakhs ,the company owner will sell the flat.He also made him sign some documents n took my brother in law's fingerprints.Right now my brother-in-law is having the possession of the flat and is living in the flat with his family.Recently my brother-in-law received a notice( a complaint not an FIR) from the police station of delhi to submit the original papers of the flat to the related officer in Delhi.I want to ask(1) can the company owner sell the flat(2)which original papers they are asking for as the registry papers are already with them(3)is it possibleto get back the papersof the flat from them and what action can we take to get back the papers of the flat .please help

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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 07 February 2016

The appropriate remedy in this case would be to ask the police station as to the basis on which they are claiming the said papers . That way we can ascertain what issue is involved in the entire situation and also be alerted about any false criminal case which might have been initiated against your brother . The company owner cannot legally sell the flat . Doing so would amount to an offence u/s 420 IPC. Getting back the documents from the employer would involve approaching the court . That too must be done promptly. A better opinion shall be formulated if you can show me the image of the said notice on whatsapp/email. 9999931153