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Jeevesh Mehta (Advocate )     03 April 2009

Forec full possesion

Sir,

my client is aggrived by the fraud by a person who transfered his property in his own name farudulantly.

My client has registered an FIR against such acts of   the accused.

But because of the weak system.. accused is not afraid of anything and thretens my client that he will take the possession foreceably.

What can done under these circumstances?

going to High Court would solve the prob?

Please guide .

Jeevesh

 



Learning

 9 Replies

Ashey   03 April 2009

File a civil suit for cancellation of the tranfer, if it is registered ..and also for an order of injunction restraining your opponent from in any interefering with your possession of the property

Ashey   03 April 2009

Then File an objection before the Revenue Authorities for any name change in your property  and Make a complaint to the Police Authority again and seek for police protection

N.K.Assumi (Advocate)     03 April 2009

If you are scared you can not do any thing. But if you are determained to fight it out as your client  has already  already registered FIR, you dont need to go to high court. Just file a declaratory suit under the Specefic Relief Act, declaring that the property belongs to  your client.

M. Sahul Hameed (Advocate Profession)     04 April 2009

Your client has already lodged criminal complaint against culprit, at present your client need to file declaration suit for declaring the fabricated document as null and void and recovery of possession. more over your whenever threat come your client lodge complaint against them

M. Sahul Hameed (Advocate Profession)     04 April 2009

Your client has already lodged criminal complaint against culprit, at present your client need to file declaration suit for declaring the fabricated document as null and void and recovery of possession. more over your whenever threat come your client lodge complaint against them

adv. rajeev ( rajoo ) (practicing advocate)     04 April 2009

file a suit for declaration and cancellation of sale deed and obtain injunction order from the court against such person.

Y V Vishweshwar Rao (Advocate )     06 April 2009

I agree with my learned friends and  further add that------in addition to the FIR  and with out waiting for the proceedigns on the FIR , it is necessary to file  a suit for dclaration  of title  and Permanent injunction  agaisnthe said pers/persons ,  to protect your actual Possession and continue your rights & enjoyment and  Posession on your  property .

Swami Sadashiva Brahmendra Sar (Nil)     13 April 2009

answer of mr. ashey is sufficient.

Prabhat Kumar (Advocate)     13 April 2009

any transfer done with fraudulent means has no sanctity in law. So apart from an FIR your client must file a civil suit for declaring those documents null and void and meanwhile you can pray for interim relief from being dispossessed forcibly.


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