If you are stuck in such a situation, here is what to do.

A gentleman named Amit, who currently lives in the state of Madhya Pradesh, is facing a challenging and prolonged legal battle over his ancestral property located in a town called Rampur in Uttar Pradesh. The property originally belonged to his grandmother, Mrs. Sunita Devi, who was the sole heir of her parents.

The core of the dispute dates back to when Mrs. Sunita Devi was still a minor. During that time, while her own mother was still alive, some of her mother’s cousins, the Verma family, allegedly created forged documents. These documents claimed that Mrs. Sunita Devi had transferred the property to them. This transaction would have been legally invalid for two primary reasons: first, she was a minor and lacked the legal capacity to execute such a transfer, and second, her mother, who had rights over the property, was still alive.

Over time, Mrs. Sunita Devi managed to retain control over a small portion, about one bigha, which the family later had to sell due to personal circumstances. However, a significant portion, approximately four bighas of valuable land, remains under dispute. Amit’s father, Mr. Ramesh Kumar, initiated a civil case back in 2009 to reclaim their rightful ownership. Unfortunately, for over 15 years, the case has seen minimal progress, hampered by various delays, including court backlogs and procedural issues.

To complicate matters further, the family has recently discovered that the opposing party, the Verma family, has already sold off parts of the disputed four bighas to multiple different individuals. Amit and his family are now in the process of gathering the official documents and details of these transactions, which adds another layer of complexity to their long-standing fight for justice.

Advice in such cases

Navigating a situation like this requires a strategic and informed approach. Here are some key steps to consider:

• Gather All Documentation: Compile every single document related to the property. This includes original title deeds, revenue records (like Khatauni and Khasra), birth records proving the grandmother was a minor, any correspondence, and details of the ongoing court case.
• Document Third-Party Sales: Obtain certified copies of the new sale deeds where the disputed land has been sold to third parties. This can be done through the sub-registrar’s office. This evidence is crucial for the next steps.
• File for an Injunction: Immediately file an application in the ongoing suit for a temporary injunction to prevent the opposing party from creating any further third-party interests or selling more portions of the land.
• Implead New Buyers: File an application to make the new buyers parties to the ongoing lawsuit. Since they have purchased a disputed property, their rights are subject to the final outcome of the case.
• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Such property disputes involve a mix of civil and, at times, criminal laws. The primary legal framework includes:

• The Specific Relief Act, 1963: This Act is crucial for seeking remedies like a declaration of title (to declare you as the rightful owner), cancellation of forged instruments (the fake sale deed), and a permanent injunction to restrain the other party from interfering with the property.
• The Transfer of Property Act, 1882: Section 52 of this Act introduces the doctrine of *lis pendens*, which means that any transfer of property that is the subject matter of a lawsuit is subject to the court’s final decision. This protects the original claimant, as the buyers of the disputed property cannot claim to be bona fide purchasers without notice.
• The Bharatiya Sakshya Adhiniyam (BSA), 2023: This new evidence act governs the admissibility and proof of documents. Proving that the original sale deed was forged and that the grandmother was a minor will rely on the principles laid out in the BSA.
• The Bharatiya Nyaya Sanhita (BNS), 2023: If forgery and cheating are involved, a criminal complaint can be filed under the relevant sections of the BNS. However, the title of the property will ultimately be decided by a civil court.
• The Code of Civil Procedure, 1908: This code governs the entire procedure of the civil case. Applications for expediting the trial, impleading new parties, and seeking injunctions are all filed under its provisions.

If you are the complainant

If you have initiated the lawsuit, your role is proactive. Here’s what you should focus on:

• Amend the Plaint: After gathering details of the new sales, file an application to amend your original complaint to include the details of these transactions and add the new buyers as defendants in the case.
• Press for an Expedited Hearing: You can file an application before the court requesting to fast-track the proceedings, citing the long delay and the ongoing illegal transfers of the property. For senior citizens, there are often provisions for speedy trials.
• Lead Evidence Diligently: Ensure your evidence, both documentary and oral, is presented effectively and without delay. Be prepared for cross-examination and ensure your witnesses are available.
• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the party whose property rights have been violated, your primary goal is to reclaim your property and nullify the fraudulent transactions.

• Act Immediately: The moment you discover that your property has been illegally occupied or sold, take action. Delays can sometimes be used against you in court.
• Publish a Public Notice: Consider publishing a notice in local newspapers cautioning the public against dealing with the disputed property. This strengthens your case that any new buyers were aware of the dispute.
• File for Injunction: Your first step in court should be to secure an injunction to prevent any further damage or transfer of the property.
• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Property disputes, especially those concerning title and inheritance, are primarily civil in nature. The police have a limited role. Typically, if you approach the police, they will advise you to seek remedy from a civil court. Their intervention is usually restricted to situations where there is a clear criminal act, such as:

• Forgery: If you have strong evidence of forgery, you can file an FIR under the Bharatiya Nyaya Sanhita (BNS), 2023. The police can investigate the criminal act of creating fake documents.
• Criminal Trespass or Threats: If the opposing party is trying to forcibly take possession or is threatening you, the police can intervene to maintain law and order.

However, the police cannot decide who the rightful owner of the property is. That power lies exclusively with the civil courts.

FAQs people normally have

• How can a long-pending civil case be expedited?
  You can file an application in the trial court or approach the High Court under its supervisory jurisdiction (Article 227 of the Constitution) to direct the lower court to dispose of the case in a time-bound manner. Reasons like old age of the litigant or continuous illegal activity on the property can be cited.
• What happens if the disputed property is sold during the lawsuit?
  The sale is subject to the doctrine of *lis pendens* (as per Section 52 of the Transfer of Property Act). This means the buyer’s title is subject to the final judgment of the court. If you win the case, the sale to the third party can be declared null and void.
• What is the doctrine of *lis pendens*?
  It is a legal principle that prevents the transfer of a disputed property in a way that affects the rights of the other party in the lawsuit. It ensures that the court’s final decree is not rendered meaningless by transfers made while the case is pending.

What evidence is required?

To build a strong case, you will need comprehensive evidence, including:

• Title Documents: Original sale deeds or partition deeds in the name of your ancestors.
• Revenue Records: Certified copies of Jamabandi, Khasra, Khatauni, or other land records showing the history of ownership.
• Proof of Ancestry: A legally prepared family tree or pedigree chart to establish your lineage and right to inherit.
• Evidence of Forgery: The allegedly forged document itself, along with any expert opinion (from a handwriting expert, for example) if possible.
• Proof of Minority: Your grandmother’s birth certificate, school leaving certificate, or any other official document stating her date of birth to prove she was a minor at the time of the alleged transfer.
• Records of New Sales: Certified copies of the sale deeds executed in favour of the new buyers.

How long will the investigation take?

In civil property disputes, there is no “investigation” in the way police conduct one. The process is called a “trial,” which involves multiple stages: filing the suit, replies from the other party, framing of issues, presenting evidence, cross-examination of witnesses, final arguments, and finally, the judgment.

Unfortunately, this process can be very lengthy in India. A complex property dispute can easily take a decade or more in the trial court, followed by appeals in the High Court and Supreme Court. While there are procedures to request an expedited trial, the duration is unpredictable and depends heavily on the court’s workload and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India