Asked April 05, 2017

Fraud in property by relative

  • 1 Answer

Sir /ma'am My mother bought a plot of area 3000 sq.feet for a total sum of 1.57 lakh plus 15.1k stamp duty in Nov. 2006 on advice of my uncle ( father's elder brother). Because we don't have a house to live in and for the future demand of family to live together. He offered us his help to construct home my father gave him original registry paper and money for construction.and after that he did not return registry and when we asked him to do so he quarreled with us. We left  jhansi and in 2013 after that he constructed second storey and started running school without any permission and when we asked him why he did so, he abused my mother and threatened us for our life. He forced us to sell the property for a small amount that means nothing for that property. He called for Panchayat and other people from family to force us. Sir I want to know how can we reclaim my mother's property and what legal steps can be taken. What time it will take ? And what will be expenses of all those procedure and steps. We have a copy of registry taken from court and we have not taken any legal action against him yet. 

Answer 1

Sir, please bear in mind that there is a multi-facetted approach to this case. Firstly, as your uncle has deceived you into giving him registry and money, you may file FIR against him in your local police station under Section 420 of the Indian Penal Code. This section deals with cases of cheating, under which your matter false under. If police don’t take cognisance then approach a magistrate of relevant criminal jurisdiction and file a private complaint, by which the judge will order police to initiate investigation and file charge sheet.

Secondly there are two civil approaches you can take. Firstly, regarding the school certain relevant permissions, certificates and layout regulations approvals must be obtained from the board of education. As this school doesn’t have any of the above you may institute proceedings for shutting down the school via a suit for permanent injunction under the Specific Relief Act. Further, you must also institute a suit for cancellation of sale deed under section 31 of specific relief act. Here you must prove that sale deed was registered under coercive circumstances and will cause great injury to you if not cancelled.

 Litigation is a cumbersome process and will take up to five years at the minimum considering all unexpected circumstances and delays. Lastly, the court fees will be nearly one-third of the price of the property, which you can later claim as damages if you win the case.

Agree Comment 0 Agrees over 4 years ago

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