• Conspiracy to grab our land through fraudulent means

Sir,
We have our ancestral land in Mukerian (Punjab).My Mother & brother stays in himachal. and i am working in delhi.

This case is about our land in punjab, after my father's death we used to visit there hardly once in a year because of my job & brother's business.
Last year around in the Month of May, we came to know that a person is trying to grab our land by making  rumuor in the village (making) as we were informed by the Namberdar & other peoples. 

One day 4-5 peoples reached @ himachal home and started asking about me. On investigation how & what proof they have. They shown the sale agreement in my name with pic (not mine). According to sale documents " i have taken token money from the said person. My brother took them to police station. However police refused to register the case as it is case of Punjab.

we then went to Mukerian to register complaint/FIR.Then mukerian poilce di nothing.
We apprached the SSP Hoshiarpur, and on 21 jun 2013 we appeared for hearing.We along the other from Punjab village recorded our statements  and given documents as asked.
SP asked the otther party to submit document proof which they couldn't submit, and asked for some time. We were told & promised by SP & his office that very soon justice will be done and there is no need for us to come  down to Hoshiarpur. 
   
But since then several time i had called, also my brother visited SP hoshiarpur twice, nothing moved, all that they say- investigation is going on. 


please guide us how to file FIR and proceed it further as it is creating mental tension as well as finacial loss, fake rumours in village creating nuisance.

Thanking you in anticipation.
Regards
Ravinder
Asked 10 years ago in Criminal Law

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8 Answers

This land belonging to your late father, is agriculture land or residential land. Let me know this. Thereafter after you met the SP has a case been registered and a F.I.R. registered by them against these persons, if not then kindly proceed to file a Private Complaint Repot, P.C.R. at the jurisdictional Magistrate Court against these persons immediately.

Then this land at Punjab, secure it properly by fencing it and putting up a board, stating that the property belongs to Mr.________, any trespassers will be prosecuted.

Further place an advertisement in the newspaper(Local) stating that you, your mother and brother are the absolute owners of this land (Give description) absolutely and that you have not entered into any kind of agreement of sale nor executed a GPA in favour of any third parties. And anybody claiming to hold any such authority or agreement is bogus and concocted documents and that you, your mother and brother are not responsible for the same.

Kindly get in touch with a local advocate who can help you do all of these in order and secure your interest in the property.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

In that case then the police are trying to delay things to facilitate those criminals. So i suggest you proceed as stated earlier, contact a local advocate and secure your interest in and over the schedule property A SAP.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

If you have all the related documents of the land then move High Court for compelling the police to take action on your complaint.

Ashish Davessar
Advocate, Jaipur
30776 Answers
972 Consultations

file a complaint in court of Judicial magistrate under 156(3)crpc and get FIR registered

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

Land is a valuable assests and you should not delay in registering FIR by filing 156(3) in the court of JM,in Punjab,because police is violating the SC judgement ,registration of FIR is must when any person approches police for it. Give notice in local news paper that you have not entered in to any aggrememt with any person for selling of this land and put a notice board on land mentioning that tresspasser will be prosecuted.

Soumya   Kundu
Advocate, Kolkata
50 Answers

Private complaint will not suffice as the offence has not yet been committed. Your basis grievance is that some one is trying to usurp your land, and you need to protect it. To this end you may move the High Court as it is police's inescapable duty to nip any such attempt in the bud.

1. Consultation fees of lawyer can be told by him alone.

2. No

Ashish Davessar
Advocate, Jaipur
30776 Answers
972 Consultations

that you can enquire from the advocates practising in your area,it differs from advocate to advocate.

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

If you file a criminal case directly in court then it will take months for the process to be issued to those who are attempting to usurp your land, which implies they will get all the time in world to succeed in their nefarious schemes.

Police is under a duty to investigate your complaint and protect your land(s), the abdication of which gives to you a corresponding right to move High Court and seek a direction for protection of your lands.

Ashish Davessar
Advocate, Jaipur
30776 Answers
972 Consultations

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