Case Background
After checking the legal documents (Parent and subsequent registry Doc, General Power of Attorney, EC from 1982 to Sep 2010, legal opinion from lawyer, local news paper advertisement) I have purchased a 6 cents property (DTCP site) in Keernatham, CBE, Tamilnadu on 4th Oct 2010. The layout is DTP approved with SF No as 324 / 2 and I have transferred the Patta/Chitta under my name in 2011. Later, I have heard there is a double entry in the layout for few sites and to verify this I have applied one more EC in Sep 2011 and found I am the absolute owner for this property without any discrepancies.
Following are the list of property transactions
- The partition deed executed by Party A,B and C in 1930.
- General Power Attorney is executed by party A,B,C to in favour of party D on 05 Jan 1988. (Party A,B,C are Expired)
- Sale Deed Executed by party D in favor of E on Apr 2006. (Party D was expired)
- Sale Deed Executed by party E in favor of F and G on Oct 2007
- Sale Deed Executed by party F and G in favor H (myself) on Oct 2010.
The party H is myself, came to know recently that one of the party X who is claiming this Site belongs to them and they registered this with party A,B and C on 04 Jan 1988.
Following are the list of property transactions for party X
- The Deed registered on 04 Jan 1988 between party A/B/C and X. (Party X was expired)
- GPA executed by party X in favour of party Y in 2009.
- Sale Deed executed by party Y in favour of party Z in Aug 2009.
I found the following mismatches in the legal documents from Party X
- The Sale Deed of the Party X has wrong DTP approval no and SF No. as 324 only without sub division 2.
- The Party Y has executed a Rectification Deed on 21 Sep 2012 without involving the Party A/B/C from main Deed to rectify the DTP No and SF
No. (due to this double entry was reflected in EC)
Upon knowing the above facts, I have given criminal complaint against party F, G and X in District Crime branch, Coimbatore in Oct 2014. After few summons/investigations and opinion from Public Procecutor, the crime branch concluded that the case is Civil in nature and asked us to proceed to Civil court without registering the FIR and taking further action against the accused.
I have hired local advocate and decideed to file a Civil and criminal case in Coimbatore District Court in April/June 2015.
Criminal Case Status
It is being a close to one year now still the case is in progress in Criminal Court, Coimbatore and still decision is pending for putting orders for Registering FIR and taking necessary actions against the cheaters. In April 2016, criminalcourt decided to push the case file to land grabbing court for further investigation but till date the file is not moved to land grabbing court.
This process will increase the confidence level of cheaters and this will depress our hopes for justice.
Civil Case Status
The case is in initial stage with status as Written Stmt and Steps. The party A,B,C,D and X are already expired.
The party F and G has become X-party. I am looking for the hopes from legal heirs of party A,B,C and direct sellers (F and G) for the resolution and justice to my hard earn money.
Please find time to guide and advice how to proceed further in Criminal and Civil proceedings.
Thanks
Shiva
