vijay kumar (Tutor) 27 December 2021

Illegal land sale and illegal attempt to take land acquisition compensation.

Sir/Madam,

this is not a hypothetical scenario we are currently facing this issue. i have two questions related to this.

after my grand parents died, one of my uncle illegally captured all the documents and refused to share with us and sold the land forging documents in nexus with brokers.

my uncle and we filed FIR against him .

He went to court we contested the bail but he got the bail from high court.

My uncle who is acting illegibly has approach, friendship and family ties in higher administration. such as adm, asp , and now in judiciary (we have paper clippings and photographic evidences).

After he got the bail, he influenced the police and police closed the case and submitted closure report and we were not informed. Police did not give any document regarding this. When we went to police station to enquire about status of cause we came to know about this. Police closed the case citing it as civil dispute.

Above said property has also been acquired by government. After getting bail and getting case closed. He again fabricated documents and submitted wrong succession/list family member certificate to land acquisition department.

Meanwhile my uncle, co complainant left country for work.

In order to obtain bail from high court he accepted that we are indeed are family members but despite that he submitted wrong succession certificate to the department. We have submitted the evidence in land acquisition department and has given our objection but department is saying they will release the money to the person as per fake succession certificate. we also approached dm regarding this and submitted our objection, but no solution to the problem.

we have approached lawyers, some lawyers are saying file a protest petition but witness and co complaint is no longer in India we only have documentary evidence for that.

while some said file partition cum title suit.

while some said file a writ in high court to claim share in compensation for land acquisition.

we are from same family, we are ready for dna test.

we have limited resources, we cannot fight multiple cases at multiple court.

his family openly gives threats.

what would be best course of action in this situation.

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2 Replies

Megha 06 January 2022

Hi,

Your problem has manifold issues and requires a deep dive into several provisions of law:

Firstly, you will have to prove to the satisfaction of the court that your uncle indeed committed forgery. For this, lets understand the definition of forgery under the India Penal Court, 1806 (IPC). Section 463 defines forgery as follows:

“Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.”

Section 464 of IPC divides false documents into three categories:

1. Where a person dishonestly or fraudulently makes or executes a document with the intention of causing it to be believed that such document was made or executed by some other person or his authority

2. Where a person dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part, without lawful authority, after it has been made or executed by either himself or any other person.

3. Where a person dishonestly or fraudulently causes any person to sign, execute or alter a document knowing that such person could not by reason of (a) unsoundness of mind; or (b) intoxication; or (c) deception practiced upon him, know the contents of the document or the nature of the alteration.

The charge of forgery can be proved only if can be proved in the court of law if your uncle made false documents leading to forgery. This ratio has been established and relied upon by various courts in various cases. You may refer to the decision of the Hon’ble Supreme Court in the case of Mohammed Ibrahim and others Vs. State of Bihar & Anr (8 SCC 751).

Along with the charge of forgery and fabricating false documents, a case under sections 415, 420, 468 and 471 can also be explored.

Along with the case under the aforementioned sections of IPC, you may institute proceedings against false institution of a case under section 44 of the Indian Evidence Act, 1872.

Subsequently, you may file a protest petition with the court to object the closure report by the police. It is a remedy available to the victim when a case is closed without service of closure report to the victim. A complainant’s right to protest petition was recently upheld by the SC while confirming the decision of the Madras High Court in the case of K.P. Ramasamy & Ors vs. R. Dharmalingam & Ors [SLP(Crl) No. 354/2020 II-C] . The court observed that the petitioner, being a victim, was entitled to a notice before accepting the final report by the Police and in case of failure of being served, the petitioner reserved a right to file protest petition.

Pursuant to filing the protest petition, you will have to partition suit. This will ensure that the property under dispute will be proportionately distributed between the interested parties, subject to fulfillment of conditions and evidence proving your relation to the deceased. And since the land has been acquired by the government, you can also consider making a reference to the Trial Court under section 30 of the Land Acquisition Act, 1894.

Once the protest petition has been filed, you will have to gather sufficient evidence to prove your that the documents were stealthily taken from your custody, and you will also have to prove your relationship with the deceased under the Hindu Succession Act. Further, the absence of the co-complainant from the country shouldn’t cause any impediment to the proceedings.

vijay kumar (Tutor) 06 January 2022

Thanks a lot of reply.

To get bail my uncle appraoched court, where my uncle has made submission that we are there family member and related by blood.

Furthermore a notice for partition was already given, despite that it has been sold through fake and fabricated documents.

All the documents are in his wrondful possession, and due to that he is forging documents. Through fake signature or wrong affidavits owing to his influence.

My grandparents died without any will and has not given any documents to him for the same. My grand parents reiterated this many times before death.

Similarly, fake and fabricated document has been submitted by him to land acquisition department, he should have given full geneology and heirs of my grand parents, he is only showing himself as sole inheritor.