Property forging cases are pretty much prevalent all over the world. There are so many property forgery cases piled up in the court, waiting for years to get resolved. The major reason behind the forgery is the recklessness of the property holders. Due to misappropriation, the offender gets the chance to forge the papers of the available property.
The offender is involved in creating documents such as forged power of attorney, fake signatures and then conduct legal and monetary transactions of the given property using those fake papers. In the previous few years, the forged property cases in India have been rapidly increasing. The victims of the forged property cases wait for their justice and pursue every step for getting their cases resolved.
Let us know about the broader things which an individual is required to do in case they find the property papers being forged.
What procedure to follow in case you find the property forged?
Once you discover the truth that your property papers are fake, you need to file a police complaint first. You should clearly mention the points of fraud, forgery of the documents and report the cheating case immediately to the police. This is more applicable when you are looking to buy a land with structure like that of a 2BHK or 3BHk apartment in Kolkata.
If power of attorney type of documents is found to be forged, then in such instance the victim is required to instantly lodge the declaration suit in the court which would clearly mention that the victim is the sole property owner. The declaration must proclaim if there is any fraudulent sales related agreement, it must not be taken into account in any condition.
Which Police Station should be contacted?
You will often be asked with the question from yourself which police station to contact. Well, according to the law, the victim is required to lodge the police complaint in the immediate police station located in the jurisdiction of the property. If the fraud is related to asserting over the fake rights over the property matter, it becomes relevant to lodge the instant complaint on the ground of impersonation.
What additional steps do you need to take in case of fake property?
Write a formal letter to the general inspector of registration or sub-registrar relating to your property in India. The letter should clearly mention the description of the situation which makes the matter noticeable in front of them. In most of the serious situations, the victim has the flexibility to use social media channels like a newspaper for getting the fraudulent instance published. However, the report should assert that the original property owner, after discovering about the fraudulent happening over his property advocate that he has no information about any form of transaction which has taken or has taken place for the property in question.
What are the laws applicable on the forged property?
The forgery case over the property is a serious crime and is punishable by the law under the Indian Penal Code sections. Any cases relating to the forgery comes under the following sections:
- Section 420 is referred with cheating.
- Section 467 is referred to fake documents generation.
- Section 468 is associated with forgery related to cheating purposes.
- Section 471 is associated with producing the forged documents as original ones in a legitimate transaction.
- Section 120B is associated with and applies only when there is an engagement of more than one acting party.
What are the Preventive steps for the owners to take?
You should form authentic caretaker contracts and construct pre-defined tenancy contracts. In simple words, you must always be clear about the duty or status of the occupant occupying the property possession.
You must not allow any individual to retain your house possession for a long duration. You should continue changing occupants on the property for not allowing it to get dispossessed illegally.
What are the Legal precautions for the owners to take?
- Under Section-5 of the Specific Relief Act, a person who is dispossessed of his property can obtain the possession by title.
- Under Section- 6 of the Specific Relief Act, a person evicted may regain his right solely by proving past possession and consequent illegal dispossession.
- Under Section-145 of the Criminal Procedure Code emphasize the procedure where dispute relating to the water or land has the likelihood of causing a breach of peace.
- Any person who witnesses illegal dispossession or trespassing has the authority to file a written complaint to the police as opposed to the same.
- You can file a written complaint to the Superintendent of Police (S.P) of the nearby location where the property is located via registered post or by visiting the immediate police station.
- In case the Superintendent of Police fails to resolve your case or doesn’t acknowledge your complaint, you have the prerogative to file the complaint through an advocate and the case can be pursued through a Special Power of Attorney when the owner won’t be present in the court.
It is vital to maintain the rights of personal possession of the property under your control in India. Besides maintaining the property documents in a safe condition, it is also suggested to form strong ownership over the property to prevent such forgery instances.