In which base we want to file the case
K.padma
(Querist) 28 February 2012
This query is : Resolved
Respected Sir,
My Grandfather had 2 sons.my grandpa expired 5 years back.my father had one site with his name but the site documents are with my uncle. without my father signature my uncle sold that site.
Now,we want to go to court. In which section and which case we file the case in court . pls kindly give suggestion ...
Raj Kumar Makkad
(Expert) 28 February 2012
You should file a criminal case under section 420/467/468/471 IPC as well as sale deed setting aside civil suit.
Sankaranarayanan
(Expert) 28 February 2012
yes you fallow mr makkad's suggestion ,
Shonee Kapoor
(Expert) 28 February 2012
Rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shantilal Pandya
(Expert) 28 February 2012
Filing of civil suit for a declaration that the property is of your father(plaintiff) and the sale is not binding to the plaintiff and further relief of injunction restraining disturbance in plaintiffs possession and enjoyment of the property would be a better course , if the plaintiff is not in possession of the property,further relief may be asked for possession as well,
in the suit the plaintiff must join your uncle as 1st defendant and the purchaser as second , you have not stated whether or not the property is ancestral in the hands of your father, if it is ancestral, your uncle might claim title over the property , and might advance any defense which can be said to be bonafide ,in that event criminal complaint might fail, resorting to criminal action is not the real remedy to settle civil disputes , though criminal action may lie, if your uncle acted under bonafide belief that he had a right to treat the property of his own though his belief may eventually turn out to be not tenable at law, in that case also criminal action may not help you,
Further, as your father is not the party to sale deed , he need not ask for a relief of setting aside the sale deed , he cannot ask for that relief also , because a stranger to a contract has no right to set aside the contract , only parties to the contract have that right , proper relief would be one that it does not bind the plaintiff, this relief also might save your court fees for the suit .
prabhakar singh
(Expert) 29 February 2012
In addition to criminal cases a civil suit of injunction is required against your uncle and buyers by your father stating his right of claim and share in property as the sale deed by your uncle is not binding upon your father and his share can not be sold by your uncle.
