Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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SUDHA MAKOL   24 June 2011 at 13:39

CASE DISMISS OR CONTINUE IF SOME OF PAPERS ON THE BASIS OF WHICH CASE WAS FILED PROVE FORGED

IN A SUIT FOR POSESSION AND CANCELLATION OF DOCUMENTS OF AN ILLEGAL EXTENDED STRUCTURE, THE DOCUMENTS ON THE BASIS OF WHICH THE CASE WAS FILED INCLUDED REGISTERED GPA (NOIDA), WILL AND RECEIPT (DELHI) ON SAME DATE. THE WIL AND RECEIPT ARE FOUND TO BE FAKE WHILE THE GPA IS ORIGINAL. WHAT CAN BE DONE TO CONTINUE THE CASE? FILE A COMPLAINT AGAINST THE LAST PARTY AND ADMIT THE PAPERS TO BE FORGED? HOW WILL IT AFFECT THE CASE? WILL THE CASE BE DISMISSED? IS THERE A CHANCE THAT THE ORIGINAL PROPERTY STRUCTURE MAY BE GIVEN TO THE OTHER PARTY? CASE DETAILS ARE AS FOLLOWS:
Mrs. Raj Rani executed GPA in favour of Mr. Surnder Arora in Noida authority on 19 Jan. 1989 and Regd. receipt and will in favour of Charanjit singh in Delhi authority on same date. However Charanjit singh constructed an unauthorised structure onthe roof of the said property and executed a conditional agreement(Notary) in Jan. 1999 with Sushil Arora that he is mortgaging the extended structure and in case he does not repay he will execute proper property documents in favour of Sushil Arora. A dispute between Charanjit singh and Surnder Arora Arose and Surnder Arora sold 123C to Rakesh Malhotra on Jan. 2000 vide registered papers gpa, agreement to sell, will receipt etc. Rakesh Malhotra sold the property to Lalita Makol on the basis of registered gps, agreement to sell on 30 june 2008. However to complete chain of papers he created forged will and receipt of Raj Rani to Surinder Arora and handed it to Lalita Makol.
Sushil Arora renamed the unauthorised extended portion as 123-D an independent flat rather than extended portion and executed gpa and agreement to sell in favour of rita kumari on 23 march 2009 which was resold to Sudha Sachdeva on the basis of regd. gpa and agreement to sell.
In March 2011 Lalita Makol filed the abovementioned case against Sudha SAchdevA ON THE BASIS OF CHAIN OF DOCUMENTS. SUDHA SACHDEVA REPLIED THAT WILL AND RECEIPT IN FAVOUR OF SURINDER ARORA ARE FRAUD.
Lalita Makol Needs an advise. Shall she admit the fraud papers? what effect will it have on the case? Shall she file a complaint agaist the last party? What are the possible outcomes and remedies available with Lalita Makol? Its REALLY URGENT........THANKS.

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SUDHA MAKOL   05 May 2011 at 20:24

BETTER TITLE IN CASE PROPERTY PAPERS ARE EXECUTED IN FAVOUR OF TWO PERSONS

Mrs. Raj executed the GPA in favour of Mr. X and will and receipt in favour of Mr. Y with two different sub registrar on same day.
Mr. X created fake will and receipt and sold the property to Mr. Shyam. Mr. Shyam sold the property to Mrs. Lata.
Mr. Y entered into a conditional agreement with Mr. A that he is taking a loan from Mr. A and in case he is not able to return the money he will execute proper papers in favour of Mr. A. He further agreed to give possession of the unauthorised extended portion of the same DDA rooftop flat. The agreement is not registered and is notary based only. Mr. Y neither returned the money nor executed papers in any paper in favour of Mr. A. AFter some years Mr. A renamed the property(unauthorised extended structure) as an individual DDA flat and executed Agreement to Sell and GPA in favour of Mr. B. Mr. B further sold the same extended portion renamed to Mr. C.
Mrs. Lata filed a case against Mr. C for making illegal papers for non existant property and asked for cancellation of C's property papers and possession of the extended rooftop structure on the basis of the whole chain of documents.
Now C produced in the court a copy of registered will and receipt and challenged the title of Lata.
What shall Lata do? What will be the Magistrate's Decision? Will the case be dismissed or it can be continued? What remedial actions are available with both C and Lata? Who is having a better title over the extended structure? How can Lata take over the extended structure?
The property mentioned is a DDA flat and the rooftop unauthorised construction is with C at the moment.
Please advise urgently.
With all regards.

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SUDHA MAKOL   05 May 2011 at 20:02

RIGHT OF OWNERSHIP GPA OR WILL & RECEIPT

I have filed a civil case against Mr. X for depossessing and cancellation of the extended portion of my DDA flat's rooftop extended structure. Mr. X has produced a copy of a will and receipt executed by original allottee in 1989 registered with SubRegistrarI Delhi office which do not match with my will and receipt. I have originals but the registered will and receipt are different. However, my GPA (1988) registered with Noida Authority is genuine and is registered with sub registrar Noida. Mr. X has produced photocopies of the will and receipt registered with sub registrar-I Delhi and is trying to make the full chain of extended portion based on some incomplete and notary attested documents. How does this affect my case? Will the case be dismissed? Is there anything that goes against me in case some of the documents submitted by me for filing of case are not proved genuine? Does it affect my rights over the property even if I have all the originals from allotment letter to complete chain? Is it possible that the GPA was registered in one name in one authority and will and receipt in another name in another authority on same date? Who is having a better title over the property now?

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SUDHA MAKOL   09 April 2011 at 18:41

UNAUTHORISED ELECTRICITY CONNECTION

NDPL has issued an electricity connection on the roof of my DDA flat for a flat NO. which does not exist (Proved by DDA and MCD via RTI reply). On my complaint, NDPL gave me the copies of registered Agreement to Sell for that property submitted by the culprit saying their commercial formalities were complete and as per DERC regulations they can issue a connection. IS Agreement to SEll and Purchase a valid document for getting an electricity connection as Ownership Proof? Can NDPL issue a connection for a DDA flat which does not exist in Govt. records as notified by DDA and MCD in their RTI? I have registered a police complaint and filed a case for the cancellation of forged documents of the culprit. What further steps can I take to get the electricity connection disconnected at the earliest.?

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SUDHA MAKOL   26 December 2010 at 14:37

Outcomes of Anticipatory Bail Application in Sessions Court

Mr. X has filed an anticipatory Bail application in sessions court against threat that he may be arrested by the police under a property dispute case which he has purchased. He alleged that the police is not telling his FIR and is threatening to vacate the property. He has given a copy of regd. papers Agreement to sell and GPA executed by the previous party in his favour to I.O. and a copy of registered AGreement to sell but notary attested GPA in favour of the previous owner. Mr. X was not able to produce any documents relating to allotment or existence of property. The complainant has already submitted with the police that the property does not exist and is the extended portion of his property and has given valid proofs to police for the same. Police has told the complainant that it will produce the copies of DDA letter and MCD House Tax dept. letter that the property does not exist and the matter is under investigation.
What orders can the magistrate give in the case? Will he cancel the anticipatory bail application of Mr. X only or will order complete investigation of the case? Will the magistrate order for registration of FIR as Mr. X has purchased a non existant property or will not take any interest? Will Mr. X be punished by the magistrate or any other case be registered against Mr. X? Will the Magistrate Call the complainant to the court? Is police under compulsion to register this Case or file an FIR as this is a civil matter but still involves some degree of criminal nature?

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SUDHA MAKOL   26 November 2010 at 19:41

Criminal case against forged papers & property illegal possession

I had purchased my DDA flat B-4/123C (top floor) on 30 June 2008. There was a tenant in the extended structure (at roof top). I was told (verbally only) that the tenant had taken court stay and hence I will not get the possession of the extended portion. In march 2009, the tenant sold the extended portion to Rita Kumari. Rita Kumari resold the extended portion to Sudha Sachdeva on 25th Sep. 2009. On 29th June 2010 Sudha Sachdeva produced Agreement to Sell and Purchase for property 123-D before NDPL as ownership proof and got an electricity connection but was denied Water connection by Delhi Jal Board(as they have records of DDA flats in our area). I have come to know that the Tenant was lying and there was no such valid rent agreement with any of the previous property owners. The tenant was in illegal possession of the extended structure. My RTI application with DDA confirmed that no flat 123-D exists nor DDA approved of any construction on my roof ever. RTI with Subregistrar confirms registration of Agreement to sale and purchase for 123-D irrespective of whether the property exists or not. NDPL is not removing the meter saying their formalities were duly completed and this is a case of criminal nature and is beyond their jurisdiction. I have been advised to file a criminal case against Sudha SAchdeva. At the moment, Sudha Sachdeva has possession of my flat’s rooftop extended structure. I want my property extended portion evacuated. Under what sections can I charge Sudha Sachdeva? Do I need to file a police complaint or FIR or shall I file a complaint in the court directly? What is the procedure for the same? How long will such a case or complaint take? Can I withdraw the case later if there is some out of court settlement? Do I need a lawyer or I can file the complaint myself? Its really urgent..

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SUDHA MAKOL   26 November 2010 at 19:39

Criminal case against forged papers & property illegal possession

I had purchased my DDA flat B-4/123C (top floor) on 30 June 2008. There was a tenant in the extended structure (at roof top). I was told (verbally only) that the tenant had taken court stay and hence I will not get the possession of the extended portion. In march 2009, the tenant sold the extended portion to Rita Kumari. Rita Kumari resold the extended portion to Sudha Sachdeva on 25th Sep. 2009. On 29th June 2010 Sudha Sachdeva produced Agreement to Sell and Purchase for property 123-D before NDPL as ownership proof and got an electricity connection but was denied Water connection by Delhi Jal Board(as they have records of DDA flats in our area). I have come to know that the Tenant was lying and there was no such valid rent agreement with any of the previous property owners. The tenant was in illegal possession of the extended structure. My RTI application with DDA confirmed that no flat 123-D exists nor DDA approved of any construction on my roof ever. RTI with Subregistrar confirms registration of Agreement to sale and purchase for 123-D irrespective of whether the property exists or not. NDPL is not removing the meter saying their formalities were duly completed and this is a case of criminal nature and is beyond their jurisdiction. I have been advised to file a criminal case against Sudha SAchdeva. At the moment, Sudha Sachdeva has possession of my flat’s rooftop extended structure. I want my property extended portion evacuated. Under what sections can I charge Sudha Sachdeva? Do I need to file a police complaint or FIR or shall I file a complaint in the court directly? What is the procedure for the same? How long will such a case or complaint take? Can I withdraw the case later if there is some out of court settlement? Do I need a lawyer or I can file the complaint myself? Its really urgent..

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Anonymous   11 October 2010 at 17:05

Filing a case against fradulent property documents.

I want to file a case against Mr. X who has taken posession of my DDA flat extended structure of rooftop and got registered doc. for the rooftop in the name of 123-D which is non existant. He has got duly registerd Agreement to SEll with Registrar which is a complete fraud. He has got an electricity connection from NDPL on the basis of these fradulent documents. NDPL says they won't remove the elec. meter and asked me to file criminal case against the culprit. Please tell me the procedure to file such a case, the possible outcomes and the total time it may take.

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