Criminal case against forged papers & property illegal possession
(Querist) 26 November 2010
This query is : Resolved
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..
(Expert) 26 November 2010
it seems that you were aware from the very beginning that there is some dispute with property and knowingly you purchased disputed property..
you were aware of all the transactions and you allowed the property to be sold..
now if you desire can file a criminal complaint to the police that on the top floor there is some trespasser.
let the other party to say and produce documents of purchase..
when she produce those documents, file anothr complaint that she has converted your property..
FIR is necessary..
You can also adopt civil remedy but that will take too much time..
in criminal cases, especially of non compoundable offences, complaint can be quashed only but not withdrawn..
civil case can be withdrawn at any time..
An expert is necessary for this field... Means an advocate
(Expert) 27 November 2010
If it is a DDA Flat go and give a written complaint to the DDA under acknowledgement due about the illegal structure. Follow it up with DDA about the action taken by them in this regard.
If no action taken, then file a writ petition before the High Court for a writ of mandamus against DDA for pulling down the illegal structure.
Raj Kumar Makkad
(Expert) 27 November 2010
There is no best suggestion than put forth by Ramachandran in the present matter so follow his advice and take action immediately otherwise you shall loose this opportunity also.