If you are stuck in such a situation, here is what to do.
Mr. Rohan Mehra, a software engineer from the city of Anandgarh, recently found himself in a deeply troubling situation. He discovered that his paternal uncle, Mr. Vijay Mehra, had allegedly created a fraudulent sale deed to transfer the family’s ancestral home into his own name. This came to light when Rohan applied for a home renovation loan and the bank’s legal team flagged a discrepancy in the property’s title records at the Sub-Registrar’s office in the ‘Vikas Nagar’ area. The original documents were with Rohan’s father, but a newer, forged document now existed, jeopardizing their ownership. Distressed and unsure of the legal path forward, Rohan felt overwhelmed by the betrayal and the complexity of the legal system.
Advice in such cases
Facing a situation like Rohan’s can be daunting. It’s a mix of emotional turmoil and legal confusion. Here is a structured approach to handle it:
Gather All Documentation: Collect every single piece of paper related to the property. This includes the original title deeds, sale agreements, property tax receipts, mutation records, and any correspondence you’ve had regarding the property.
Avoid Confrontation: Do not get into a direct physical or verbal altercation with the opposing party. Any aggressive action on your part can weaken your legal position. Let all communication be handled through your legal counsel.
Secure the Property: If possible and lawful, ensure the physical possession of the property is secure. This might involve ensuring your locks are in place and that there is no unauthorized access.
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
In cases involving forged property documents, both civil and criminal remedies are available. Under the new Indian criminal laws, the following sections are pertinent:
Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with Cheating and dishonestly inducing delivery of property. Creating a fake document to grab property falls squarely under this.
Section 335 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses Forgery for the purpose of cheating. Since the document was forged specifically to deprive the rightful owner, this section is directly applicable.
Section 337 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This pertains to using a forged document as genuine. When the uncle, Mr. Vijay Mehra, presented the fake deed to the authorities, he committed an offence under this section.
Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section outlines the procedure for lodging information with the police, which leads to the registration of a First Information Report (FIR).
If you are the complainant
If you are in Rohan’s position and wish to initiate legal proceedings, you are the complainant. Here’s your course of action:
Draft a Detailed Complaint: With the help of your lawyer, prepare a written complaint for the police. It should narrate the entire sequence of events chronologically, clearly stating how the fraud was discovered and who you suspect is involved.
Attach Supporting Evidence: Annex copies of all the documents you have gathered. This includes your original title deed and a certified copy of the forged document obtained from the Sub-Registrar’s office.
File an FIR: Submit the complaint to the Station House Officer (SHO) of the police station that has jurisdiction over the area where the property is located or where the crime occurred.
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 victim of such a crime, your priority is to reclaim your rights and ensure the guilty are punished. The steps are largely the same as for a complainant, but the focus is on restoration and justice.
Seek Cancellation of Forged Deed: Alongside the criminal complaint, your lawyer will advise you to file a civil suit for declaration of title and cancellation of the fraudulent sale deed. This is crucial to correct the official property records.
Stay Proactive: Regularly follow up on the police investigation and the court case through your advocate. The legal process requires patience and persistence.
Preserve Communication: Keep a record of any calls, messages, or emails from the opposing party or their representatives. Do not engage directly, but pass on all information to your lawyer.
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
Often, police may initially perceive property disputes, especially between family members, as being ‘civil in nature’. They might be reluctant to file an FIR and suggest you go to court first. However, when your complaint clearly highlights criminal acts like forgery, cheating, and criminal breach of trust, they are legally bound to register an FIR under Section 173 of the BNSS and investigate the matter. Your lawyer’s intervention can be critical in ensuring the police understand the criminal elements of the case and take appropriate action.
FAQs people normally have
Can the police help me get my property back? The police’s primary role is to investigate the crime, gather evidence, and file a chargesheet. While their investigation can put pressure on the accused, the actual restoration of property title is done through a civil court’s decree. The criminal case helps in proving the fraud, which strengthens your civil suit.
What if the police refuse to register my FIR? If the local police refuse to register an FIR, you can send your complaint in writing to the Superintendent of Police (SP) or a higher-ranking officer. If that fails, your lawyer can file an application under Section 175(3) of the BNSS before the Magistrate, who can then order the police to register the FIR and investigate.
Will the accused be arrested immediately? Arrest depends on the gravity of the offence and the discretion of the investigating officer. For offences punishable with less than seven years of imprisonment, the police are generally required to issue a notice of appearance rather than making an immediate arrest, as per legal precedents.
What evidence is required?
Strong evidence is the backbone of your case. You will need:
The original title documents proving your ownership.
Certified copies of the forged documents from the Sub-Registrar’s office.
Opinions from a forensic handwriting or document expert to prove the forgery.
Statements from witnesses who can testify to your possession and ownership of the property.
Property tax receipts, electricity bills, and other utility bills in your name to prove continuous possession.
How long will the investigation take?
The duration of a police investigation can vary significantly. As per the BNSS, the investigation should be completed in a timely manner. However, cases involving forgery and expert opinions can be complex. It may take several months for the police to gather all evidence, record statements, get forensic reports, and file a final report (chargesheet) in court. A proactive lawyer can help expedite the process by regularly liaising with the investigating authorities.
Advocate Sudhir Rao, Supreme Court of India