Nagpurian (Self) 03 January 2013

Can i proceed under cr.pc for fraudulent sale

-- A+B Purchased the HOUSE (dwelling) from X vide sale deed in1950

-- The Property Card bears our Family Name [A] and NOT OF [B]. Source of entry is mentioned as sale deed in1950

-- [C] are Heirs of [B] .

-- [D] are Heirs of [A]

Problem : [C] is trying to sell the HOUSE (dwelling) to a BUILDER

Questions :

-- Can we [D] lodge an FIR against [C] on basis of Xerox copies of "Agreement To Sell" made between [C] and BUILDER . . . . . . ? If Yes pls suggest section under Cr.Pc

-- What are the chances od Property Card getting amended for inclusion of those Heirs [C].

-- Can they challenge the PROPERTY CARD on basis of sale deed (1950) ?

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4 Replies

Advocate Vishnu (Advocate) 03 January 2013

Dear Nagpurian,

Since the property was jointly purchased by A and B, C and D have equal rights in the said property. Being D, you can file a suit for injuction against the sale by C until a propert partition is effected between C and D. However, I do not understand what do you mean by a property card.

Nagpurian (Self) 03 January 2013

Property card is issued as Property Details/TITLE by City Survey Office

Advocate Vishnu (Advocate) 03 January 2013

I think , you are mentioning the revenue receipt issued by the city survey office.

This revenue receipt is only a proof of your possession and does not give you ownership rights on the share held by C.

However, there is a workaround --- If you have been in possession the said property for more than 12 years, in this case I presume it is 30 years, you may seek an injunction against sale by C and then once they challenge this injunction , you can then go for declaration of possession and tilte.