Illegal property papers made by some unknow person
jehangir wadia
(Querist) 20 May 2016
This query is : Resolved
I am going to sell my property the property is at mumbai my name is mention in land propertycard bmc card and in all legal document now i had made a sell deed before i registering it i came to know in 2006 some unknown person whose name is not mentioned in property card and in any legal document of the property has sell the property to some other person (1) the person how has sell the property his name is not mentioned in property card (2) the property registered document show the person who had sell the property has given the power of attoney to some other unknow person the power of attoney. HAs sign in london on that power of attoney there is no certificate of london ammbasy even there is no single sign of any government official sign only small stemp its it even the power of attoney ia not register still it has been register at register office this story happen in 2006 till today 2016 my name is on property card every legal document of the property now the thing is my name is in propertycard bmc card as the owner of the property so can i sell my property
P. Venu
(Expert) 20 May 2016
Name in the property card could be of some help. However, the priority should be in getting the sale deed cancelled. There are options for civil as well as criminal actions open for you.
Guest
(Expert) 20 May 2016
1) Land record is maintained by office under State govt. and city land record is called Property card.
2) Many times due to some internal co-ordination some time in local govt. office state govt. office are shifted so people call them with different name like in your case BMC but it must be city survey office
3) Documents required to be examined personally all
4) Most probably I feel some one have done some registration (Under registration act) in registration office on your plot and done some fraudulent monetary transaction with some one or financial institution . This kind of frauds are going on in Mumbai to large extent this one officer sitting in Economic offense wing of Mumbai Police dept told me
5) You need to analysis all papers first detect all fraud papers from registration office with help of private search clerk etc. make list determine or analysis fraud value
6) If value is less than 5 crore it will move with local police dept. and if more than 5 crore then you need to contact Economic offence wing under Mumabai Police Office situated opp. Crawfard market. And with help of some good Criminal Advocate start legal proceeding like filing application then they will start preliminary inquiry that time yo show all papers and if fraud is indeed taken place than insisting them to file FIR
7) Filling FIR in EOW is also headache they don't do easily because once FIR filled then they have to do work . Else only sweet talk . In this case you require good criminal Lawyer too.
8) But before approaching EOW /Police you need to take help of private search clerk and get all detail . While applying for duplicate copy of document please don't mention your name mention some adv. name or ask some adv. so you will get document easily of others where you are not party else they will take objection. Because third party can not take others document but fraud people manage . So you too require to be crooked to handle them.
9) Years which you have mentioned if document registered then be sure you will see photography and thumb impression
Guest
(Expert) 20 May 2016
At same time EOW person told me the idea of fraud which generally they do but not sure whether it is applicable to you or not
1) Buyer and Seller makes all required document with help of CA etc every thing straight
2) Then one person is made seller and he seats in Registration office with all dummy paper like PAN Card etc
3) Seller sells the property etc to buyer all documents are legally proper (They manage to get it from various sources including RTI , they are highly educated criminal )
4) Seller approach bank or financial institution and takes loan etc and money is transferred to seller a/c
5) After some time buyer show to financial institution some registered Cancellation deed and stops payment of loan EMI etc
6) Bank tries to catch seller he disappears , bank tries to catch buyer he too systematically disappears or he is highly professional criminal with series of criminal lawyer on stand bye
7) Then bank realize fraud it tries to move under Sarfeasi etc. and you need to contest in DRT
8) So in short this is some high level Economic fraud done which require to be studied and determined with help of EOW etc
9) I will tell you local Police dept are in competent for even understanding such frauds but EOW people can guide you
10) Systematically try to get guidance from EOW office in crawfard market too , they get grip of economic frauds in seconds because daily they are handling them . And it is famous EOW even had taken YASH BIRLA for investigation for economic frauds
11) I feel better move in 2 - 3 direction properly solve this problem. Don't be afraid you are not alone there are many EOW cases
12) While typing it just came in my mind see to it no one take possession of that property or no notice under Sarfeasi act etc. is put there , if anything is there contest it
Rajendra K Goyal
(Expert) 20 May 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Illegal-property-papers-made-by-some-unknow-person-599686.asp
Adv Akhtar Ali Sheikh
(Expert) 21 May 2016
Inform the city survey officer not to do mutation on the basis of 2006 document.
Get his deed cancelled by court.
Put the 2006 document on line.
Or email it to adv.aali@gmail.com.
Dr J C Vashista
(Expert) 21 May 2016
Take the services of a local lawyer if you are not satisfied with FREE advise of the experts on this platform, but do not expect a reply for the same query by repeating it.
Guest
(Expert) 21 May 2016
Wadia Sir,
Whether you can sell property or not this question will be determine to the extent of fraud and papers taken on record by other party or fraudulent transaction .
Legally all other transaction are fraudulent transaction as per your opinion but whether other side has any side of their case that too required to be seen.
So all fraudulent documents required cancellation from court . There are chances if proper investigation is done in registration office with help of private clerk you may find cancellation deed also done in this or some other sub - registrar office (This is EOW officer opinion in other case , because this is how fraud take place)
So take help of private clerk get documents complete the investigation , then only person can tell properly after analysis all papers in detail.
See the way Dr. can not make diagnosis of patient sitting on computer he needs personally to see patient , he required to see blood report or other report then only he can tell proper diagnosis and treatment . Similarly whatever you say on that it is difficult to make out extent of fraud .
To your specific query whether you can sell property or not ----- This question can be ans. how much the title of property is made faulty . Or detail analysis.
At same time if some one is giving money take it apart from this nothing I can say.
T. Kalaiselvan, Advocate
(Expert) 23 May 2016
The matter can be reviewed by a local advocate after scrutinising the property documents including property card and you can be guided with practical solutions because your narrations suggests that there has been some fraudulent activity has taken place in this regard by some fraudster.
Better consult a local lawyer and initiate legal action as per his further advise.
