House property
shri krishna
(Querist) 05 December 2012
This query is : Resolved
Dear Sir,
1. I am serving in Indian Navy(Armed forces) and presently posted at Tamil Nadu.I have purchased a house at Aligarh District in uttar pradesh from my maternal uncle on 26 oct 2006 and sale deed was executed.my uncle asked to stay in the same house for some period of time, as he is my uncle so i allowed to stay there.after a long time he has not vacate the house repeatedly telling.
2. I was shocked on Apr 12 when i got the summon from session court regarding aforesaid property.than i investigate the matter and found that my uncle again executed the sale deed to his wife's name on dec 2011 and she has filed the case against me regarding aforesaid property.
3. Now i m defending the case.I want to know the followings:-
(a) i want to file a case of forgery and unauthorized capture of house.when i have given application to concern police station ,they have not lodged my FIR saying that High Court Ruling says if any case is in court other case can not be file of the same property rather it is criminal or civil.is it? plz provide me the copy...
(b) As i told i am in Defence forces so it is very difficult to monitor and attend the dates due to limited leave and case filed in Aligarh,UP and i am posted in Tamil Nadu.so case can be transfer to near my service station .if possible tell me the producer.
Regards
Devajyoti Barman
(Expert) 05 December 2012
1.You can file criminal case against the commission of alleged forgery. No bar is there.
2. The transfer of case is very unlikely. In any case even if it is transferred where is the guarantee that you would not be transferred again from TN.
Engage some good and reliable lawyer.
Raj Kumar Makkad
(Expert) 05 December 2012
1. There is no such judgment of any high court.
2. Such case cannot be got transferred as you desire but your lawyer can initiate entire actions on your behalf as this is civil matter and you need not to attend each and every hearing in person.
In the given case, you are advised to file a criminal complaint under section 200 of Criminal procedure code before the local criminal court with an application under section 156 (3) of criminal Procedure code according to which the case shall be sent to local police by court for lodging FIR against your maternal uncle, aunt and all other persons who are involved in this game.
ajay sethi
(Expert) 05 December 2012
engage a lawyer in aliagrh to defend the case . he can ppear on your behalf . case cannot be transferred . file criminal complaint against your uncle for forgery .
shri krishna
(Querist) 26 December 2012
thanks sir providing me information!
I want to know one more query,
about above said problem. Can I file a case against my uncle in Chennai high court for the fraud.
ajay sethi
(Expert) 26 December 2012
offence has taken place in Aligarh . file case in aligarh
Raj Kumar Makkad
(Expert) 29 December 2012
You cannot do so as desired. Can sue only at Aligarh (Harigarh).
