History: In year 2000 I had wanted to sell a room (a part of my building) on ground floor only vide a registered “sale deed” and received its sale price in cash. It was later sold by its subsequent buyers to three more parties vide 3 more “sale deeds”. Last Sale Deed was registered on 10-12-2009 & its correction Deed was registered on 6-4-2010.
Problem: To grab additional property i.e. parts of my adjoining building; in addition to what I had agreed to sell in year 2000; some fraudulent alterations have been made in above-said 4 Sale Deeds. These buyers have even carried out (or arranged) thefts & damages of my property in the adjoining building. I want to finish of this nuisance as per law or by giving some adequate money to the buyers. But they are demanding huge amount keeping in view their nuisance value.
Earlier two FIRs (u/s 154 CRPC / 380, 427 IPC & 155 CRPC / 427 IPC) have already been registered by police for theft & my financial loss etc. Names of actual offenders in these two matters are not known to me.
Limitation Act: Above-said frauds in registered documents came to light, after certified copies of First, Second, Third & Fourth SALE DEEDS were obtained by me on 20-01-2010; & certified copy of Correction Deed dt. 6-4-2010 was obtained on 19-04-2010; from the relevant offices of Sub-registrars.
Modus operandi of offenders: I found that some fraudulent cuttings, rubbings, alterations & additions were made in First SALE DEED; without my counter signatures or even that of Vendees. Vendees have also not signed First SALE DEED at all, even against the recital in its last para. It also appears that Vendees & Vendor (that’s me) have not assigned their finger prints in relevant registers of Sub-Registrar. Alterations & additions have also been inserted in the remaining Second, Third, Fourth SALE DEEDS & Correction Deed by getting them registered in Hindi language; which are not exact translation of First SALE DEED. Ab initio, said First SALE DEED is defective, illegal and null & void. Vendee(s) in First SALE DEED are not bona-fide purchasers.
Law: U/s 20, 34 & 81 of Registration Act, 1908; even Sub-registrar did not have requisite statutory powers / jurisdiction to register such fraudulent First SALE DEED. Persons responsible for above frauds are punishable as defined in the Indian Penal Code, with imprisonment for a term which may extend to seven years, or with fine, or with both.
Action taken so far: Applications have also been made to the SHO of concerned Police Station; & higher authorities including SSP etc. to register a criminal case (FIR) in this matter of fraudulent registration of above-said 5 Sale Deeds etc. Names of all offenders in these registered documents are clear and have been included in my applications also. Now, an investigation by the police to register said FIR in this matter, is also in progress for last over 30 days.
Question: Under above circumstances, should I wait for registration of FIR (which is a must to get fast negotiations) or go-ahead & file civil suit for cancellation of above said 5 Sale Deeds etc. (which is time consuming as to final decision)? Will FIR be registered later, directly by Police or through order of court etc. i.e. if I now file said civil suit for cancellation of above said 5 Sale Deeds etc. & restoration of said room?
