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Forgery,fraud

(Querist) 30 June 2012 This query is : Resolved 
Dear sir,

A person (A) has taken a loan from a financier by mortgaging the property. And subsequently he was not repaying after some time. When the financier taken steps to make for auction. surprisingly came to know that the land belongs to another lady has been forgeryly taken over by A.By making forged documents registered. But now that lady made representation and got an permanent injunction that the property belongs to her and A has done forgery hence Permanent Injunction has been given to her. This person absconded. How to take action agaist this person by the financier. Under which section we can strss to make a complaint. pl let me have your expertised opinion.guide me i am for the financier.
ajay sethi (Expert) 30 June 2012
file suit for recovery of money advanced . mention that borrower had fraudelently mortgaged property belonging to third party . that there is a permanent injunction restraining sale of property in question .

also file criminal complaint for cheating , forgery agaisnt the borrower
M/s. Y-not legal services (Expert) 30 June 2012
yes. am also agree with mr.ajay sir..

and if the said lady is genuine mean its ok. otherwise since A is "subsequent encumberer" of the said property, he also should be implead to the suit as necessary party.

-y.not legal services-
Nadeem Qureshi (Expert) 01 July 2012
Dear Querist
first of all file a criminal case against him u/s 406, 420, 467, 468, 471, of IPC and you can also file a civil suit for recovery of the money before civil court. if there is a written agreement you can file a recovery suit under order 37 of CPC
Feel free to call
yuvnesh subramanian (Querist) 02 July 2012
Can anyone suggest me a lawyer in Bangalore.Who can handle all the criminal and civil case. As i am planning to visit bengaluru on 04th july. so that i can personally visit him and handover the case to him.
Rajeev Kumar (Expert) 02 July 2012
Do google search or Lawyer search on Lawyersclubindia.com


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