False objection raised over a public notice of sale
Querist :
Anonymous
(Querist) 21 May 2020
This query is : Resolved
Hello everyone,
I have a said property for which I have a found a buyer. The buyer has put a public notice for the same and a person staying in the building has taken an objection over the same addressing himself as the real owner of the property.
I want to know what can be done from my end and is there any case where it states any punishment for a person making false objection over a public notice.
Guest
(Expert) 21 May 2020
Collect all the details and discuss with an local good Advocate and act as per his advise.
Raj Kumar Makkad
(Expert) 21 May 2020
If you are having the property papers complete in all respect, you need not to worry and you may ask the person claiming its ownership to show his papers so that his claim may be ascertained accordingly.
If found false, that person can be entangled in FIR under the offence of 419 & 420 of IPC.
Rajendra K Goyal
(Expert) 21 May 2020
If the person claiming the property is true owner, you must ask through your prospective buyer to take copies of title papers from him.
If he is at fault, he would not cooperate.
Confirm the validity of those papers if received.
In case of need get these scrutinized through your lawyer.
Before proceedings in any direction to act, it is better to investigate the facts properly and deeply.
May return after fact is clarified.
KISHAN DUTT KALASKAR
(Expert) 21 May 2020
If you have all the original documents then you can establish before police during preliminary investigation and get FIR registered and he be arrested. Please CLICK LIKE and follow me if you feel my answer helped you
Rajendra K Goyal
(Expert) 21 May 2020
There can be possibility that the land was first sold by original owner to him and to you afterwards, in such case your title may be at risk. This can be due to fraudulent intension of original seller. If such case is there, FIR is needed against the seller.
Full scrutiny is needed.
If the person is at fault, FIR should be lodged.
P. Venu
(Expert) 21 May 2020
First of all, obtain the encumbrance certificate in respect of the property. Once the title is clear, serve a legal notice on the objector.
Moreover, it is unusual that the prospective purchaser has put up the public notice. In all probability, the objection is his own handiwork to use as a bargaining chip
Raj Kumar Makkad
(Expert) 21 May 2020
Wth due respect towards expert P. Venu, Can I ask him why and under which fact of the author, he came to the conclusion that the objector has been prepared by the purchaser to use him as bargaining chip?
May be I missed those lines of the facts posted by author. so seek kind guidance of Shri P. Venu ji.
Querist :
Anonymous
(Querist) 22 May 2020
Looking at so many responses I believe FIR is the possible solution. But under what sections of IPC can one go they want to file a criminal case? section 420 coupled with section 511 which leads to attempt of cheating and does the document issued by the third party claiming fraudulent ownership lead to forgery even though no property papers are attached but the 3rd party is claiming false ownership.
Dr J C Vashista
(Expert) 22 May 2020
The objector has claimed the property on the strength of title documents in his favour, what are the documents to substantiate his claim, did you find out?
Dr J C Vashista
(Expert) 22 May 2020
You are the owner of the property under sale, how does buyer put up public notice calling of objection ?
Dr J C Vashista
(Expert) 22 May 2020
Let the objector may prove his title, if the buyer is satisfied with the title documents / chain of title document held by vendor (seller).
P. Venu
(Expert) 22 May 2020
Mr.Makkad:
My suggestion was not a conclusion, but just a possibility in view of the unusual situation of the prospective buyer putting up the public notice, Such suggestion stands in the same footing as your suggestion in the thread https://www.lawyersclubindia.com/experts/property-mortgaed-to-bank-but-no-property-exists-718931.asp alluding that "even the concerned bank official is also responsible for the said fraud ...................."
P. Venu
(Expert) 22 May 2020
Mr, Author:
In my understanding, no criminal action lies in the light of the facts posted. The question is, what is the status of the present occupant of the building? If he is the tenant, you can get him evicted based upon his denial of the landlord's title.
Guest
(Expert) 22 May 2020
Mr.J.C.Vashist you had questioned the Querist that how an Buyer could publish an Public Notice regarding the Purchase of the Property. Obviously only the Buyer should be Cautious about his Purchase and you could clarify this with Good Advocates of your place. More over J.C.Vashista you say you are Practicing in Supreme Court and claim that you had completed Law Degree while in Army Service. Clarify and Justify your Statement
Raj Kumar Makkad
(Expert) 22 May 2020
@Expert P. Venu!
Thanks a lo sir for your clarification and guidance. I suggest to kindly review your earlier advice (which has now been decorated as suggestion) which clearly establishes that the same is not mentioning the word or creating the impression of possibility rather the same is a conclusion wihout having any force of facts.
So fr as my advice indicated in another thread is concerned, the same was based upon the procedure of the bank advancing loan wherein it is mandatory for the banker intending to advance money to visit the site against which morgaged is proposed. If concerned official of the banker has not performed his duty malafidely or bonafidely was meant to be taken into consideration by the banker which is nothing but a criminal act hence the advice given in that query has no match with your conclusion in the present case.
Anyways, when you have now clarified that your suggestion is not conclusive so chaper ends. Thanks for your kind clarification and guidance.
Raj Kumar Makkad
(Expert) 22 May 2020
@ Dr. Vashishtha!
Sir generally these days buyers before going to execute the agreement to purchase, do publish a public notice in news-papers intending to purchase the definite property mentioned in the notice having full description therein and invite objection of anyone concerned. This is for meant of additional safety to avoid future disputes. Lawyers also do suggest buyers to adopt this course of action.
P. Venu
(Expert) 22 May 2020
Mr.Makkad
Kindly do not set standards for others when you yourself are not abiding by the standards which you are prescribing.
Moreover, in a public platform of the stature of LCI our postings, in my understanding, cannot but mere suggestions; they are neither conclusions or advice/opinion, in the professional sense, as they are based on the limited facts, as the author has chosen to post.
Raj Kumar Makkad
(Expert) 22 May 2020
@Author!
Everybody here has advised you to first go through the title documents of you and claimed ownership documents of objector. If such objector is found false creating harm to you only then criminal action lies. You have just to make written complaint in that event and rest leave upon the police to impose appropriate sections as sections are not expected to be imposed on the side of the complainant in police case.
Raj Kumar Makkad
(Expert) 22 May 2020
@Mr. P, Venu
It is suprising to know that I have established standards for others which I do not follow. Neither I have set standards nor have I any force/power to get those implemented. If seeking guidance from a senior expert like you is a sin then i shall never dare to ask anything from you.
In my profile also, I have mentioned myself as a student of law so I always try to learn from seniors like you but I am unfortunate that like Guru Dronacharya, you don;t permit this eklavya to teach anything. But I have also decided to treat as my Guru like Eklavya. How shall you eliminate your helping and knowledgeable image from my heart and mind?
You may try for it Guru ji.
Guest
(Expert) 22 May 2020
Most of the Corrupt people like makkad boy pretend fakely as Humble please
Rajendra K Goyal
(Expert) 22 May 2020
For lodging FIR, it is police who is to decide under what section it need to be registered. You just lodge complaint with police after discussion with your lawyer.
Guest
(Expert) 22 May 2020
See the Corrupt oriented element makkad boy branding him self as Eklavya . See the Crooks attitude obviously it is Ridiculous. March 30th 2016 Times of India speaks elaborately about the Corruptions of makkad boy and he brands him self as Eklavya
