one of my Client recent had case which i am explaining below and If you are stuck in such similar situation, here is what to do.

In 2018, Mr. Arvind Mehta, a retired government employee in Nandipur, agreed to buy a 4000-sq-ft plot jointly with his younger brother, Mr. Rohit Mehta. Two separate sale deeds were executed: 2,500 sq ft in Arvind’s name and 1,500 sq ft in Rohit’s. Although both deeds recorded the entire consideration as having been paid by the respective buyers, every rupee—₹65 lakh—actually left Arvind’s bank account through RTGS.

Unbeknownst to Arvind, Rohit simultaneously raised a ₹30 lakh housing loan on his own share and surreptitiously pledged the entire property by forging Arvind’s signature on the mortgage documents. Within a year Rohit defaulted on his EMIs. A recovery notice under the Bharatiya Nagarik Suraksha Sanhita (BNSS) procedures reached Arvind, who discovered that both his and Rohit’s portions had been treated as common collateral because of the forged paperwork.

Matters worsened when a third party, Mr. Suresh Patil, appeared claiming he had purchased the whole 4,000 sq ft through a General Power of Attorney (also forged). Arvind is now faced with (a) a pending auction by the bank, (b) a fraudulent sale deed, and (c) the prospect of losing the land as well as his life savings.

Advice in such cases

• 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
• File an application for certified copies of all sale deeds, mortgage papers and loan statements to build a documentary trail.
• Immediately move an injunction petition before the local Civil Court to restrain the bank and any purchaser from creating third-party rights till the dispute is adjudicated.
• Lodge a First Information Report (FIR) citing cheating, criminal breach of trust and forgery under the Bharatiya Nyaya Sanhita (BNS).
• Send written objections to the bank under BNSS Rule 108, placing it on notice that the mortgage is void so far as your 2,500 sq ft is concerned.
• Where time is of the essence, seek urgent relief from the High Court under Article 226 of the Constitution to stay the auction.

Applicable Sections of Law

• BNS § 316 – Cheating and dishonestly inducing delivery of property
• BNS § 332 – Forgery of valuable security, will or authority to make or transfer any valuable security
• BNS § 333 – Using forged document as genuine
• BNS § 272 – Criminal breach of trust
• BNSS § 66 – Registration of FIR and investigation procedure
• Transfer of Property Act § 41 – Doctrine of ostensible ownership (relevant to the buyer claiming good faith)
• Specific Relief Act § 38 – Perpetual injunction to protect possession

If you are the complainant

• Collect originals of all bank transfer advices and link them to the agreement for sale.
• Prepare a chronology of events so that the investigation officer clearly understands the cheating pattern.
• Request the Sub-Registrar to mark a caution entry in the property records under the Registration (Maharashtra Amendment) Rules to prevent further transactions.
• Follow up every two weeks with the Investigating Officer and keep a written log of responses.

If you are the victim

• Do not sign any settlement deed hurriedly; once you compromise, retracting may be difficult.
• Monitor the bank’s auction timetable; if necessary, deposit a token amount (under protest) to halt the process temporarily.
• Where physical possession is threatened, seek police protection citing BNSS § 149 (preventive action).
• Record all telephonic threats or inducements made by the accused; electronic evidence is now fully admissible under the Bharatiya Sakshya Adhiniyam (BSA).

How the police behave in such cases

Economic-offence complaints often move slowly. Station House Officers usually prefer civil compromise in family disputes, but once clear documentary fraud is shown, they are duty-bound to register an FIR. Under BNSS § 161, you have the right to receive a free copy of the FIR and updates on investigation progress every 90 days.

FAQs people normally have

• Can I be forced to repay my brother’s loan? – No, unless you signed as co-borrower or guarantor. A forged signature carries no liability.
• Does a forged GPA transfer title? – A document that is void ab initio passes no title. Subsequent purchasers cannot claim bona fide protection once forgery is established.
• Can the bank auction the whole property? – Only the portion validly mortgaged. If your share was fraudulently pledged, the auction can be stayed by court order.

What evidence is required?

• Bank statements showing the flow of money from your account to the seller.
• Certified copies of both sale deeds and the impugned mortgage deed.
• Hand-writing expert opinion comparing genuine and forged signatures.
• Email/WhatsApp exchanges that demonstrate inducement or misrepresentation.
• Photographs or videos of possession and site visits, corroborated by neutral witnesses.

How long will the investigation take?

Economic-offence probes usually span 6–12 months. However, with proactive follow-up, a charge-sheet under BNSS § 174 can be filed in as little as 90 days, especially where documentary proof is straightforward. Civil proceedings for cancellation of documents may continue for 2–3 years, but interim protection (status quo or injunction) is typically granted within 1–2 hearings.

Advocate Sudhir Rao, Supreme Court of India