Resale by son of seller

Querist : Anonymous (Querist) 15 June 2010 This query is : Resolved
Sir,
The son of the seller (dead now)is tried to sale the land by making forged document. The land is already sold more than 40 yrs back. Will it be civil suit or criminal? What sections it attracts? THe seller is schedule caste.
Thanks to all

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Raj Kumar Makkad (Expert) 15 June 2010
If the land has already been sold 40 years back by his deceased father, how can a person re-sale it again. This also shows that the buyer has not got changed the title in his name. What is the reason for not effecting change in the name of buyer.

Truly speaking, if no title change has been effected then it is wise to get it changed now from the legal heirs of deceased seller otherwise the buyer has got no legal right to claim his ownership over the property and the son of seller can sale it in the hands of some muscleman and this may create a lot of problems for you. So instead of filing any civil or criminal case, you appease them and get the title of the property in your name.

In case you have title-deed in your name then you can file criminal case under sections 420/467/468/471 IPC. You shall have to file civil case also seeking setting aside re-sale, if any.

Daksh (Expert) 15 June 2010
Dear Anonymous,

You have not mentioned as if the previous sale is through registered document or not. You have a remedy of filing a criminal complaint and a civil suit seeking declaration and seeking injunction against the son. For better appreciation it is desirable that more particulars be furnished.

Best Regards

Daksh