Hi, My mother and father bought an empty plot in a residential area in Vrindavan in 2004 and did construction on it (boundary walls, gates and rooms) on it. There is no electricity or water connection taken for this house. And no furnishings or furniture of any kind. Just walls and main gate which is locked. No one was staying there. My mother and rest of family lives in Delhi. Yesterday a man came to our residence in Delhi, saying that he is doing enquiry on behalf of buyer for our house in Vrindavan. He was very surprised to know that my mother was still alive because he informed us that a sale deed for our house was executed on 13 Mar 2023 by one Vishal Gupta who claimed to be the son of my parents. Vishal Gupta stated in the sale deed that both my parents have expired and hence he being the only son has inherited the house in Vrindavan. This fraudulent sale deed was executed in favor of two brothers for sum of Rs 60 lacs. And now these brothers are trying to sell it to the new buyer - whose man has come to our house for inquiry. I am aware that we need to file a civil case for cancellation of fraudulent sale deed. But have some queries on the steps that need to be taken from criminal action perspective. Queries: 1) We would like to file a FIR against the Vishal Gupta. But we are confused as to which sections of IPC would be applicable and should be stated in the FIR. a) Sec 415 for cheating b) Sec 416 for cheating by personation c) Sec 417 for punishment for cheating d) Sec 419 for punishment for cheating by personation e) Sec 420 for fraud f) Sec 423 for fraudulent execution of deed of transfer Which of the above sections be applicable to our case? 2) Would police give us a copy of FIR? 3) Once FIR is registered would police file the criminal case against Vishal Gupta in court or my mother needs to do that? 3) Also someone has broken our lock on the gate of our house in Vrindavan and installed new lock. We don't know who has done that (Vishal Gupta or the new buyers). But we would like to file a separate Non-Cognizable Offense Report with police under the IPC sections 426 and 427 of Mischief against persons unknown. Is this the right step to protect our possession or should we do something else?
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File FIR for cheating under section 419 ,420 ,423 of IPC
2) police woukd conduct investigations and file charge sheet against accused
3) also file civil suit to set aside fraudulent sale deed
4) seek injunction restraining sale of property by V Gupta
What is the need to high light section s in FIR. Police it self will add sections on the basis of complaint.
FIR will lodge against both buyer and seller u/s 120B, 416, 417, 419, 420, 467, 468 & 471 IPC.
Copy of FIR will be provided. IF your father is expired than you can also file an FIR being successor of his estate.
Sec 445 for braking lock.
Thanks for your valuable responses. I have some follow up questions: 1) Should we insist on adding all the relevant IPC sections in the FIR or should we leave it to police? 2) Should FIR be lodged only against Vishal Gupta (the one who was the seller in the fraudulent sale deed) or should the buyers be accused too for criminal conspiracy? Because we don't really know if the buyers were involved in any conspiracy or were victims of fraud themselves? 3) At this moment the sale deed is not in my parents name - so can we file IPC 445 House Breaking complaint at this stage because our lock was broken by either new buyers or Vishal Gupta? Would really appreciate your responses.
1. You vent out your grievances in the complaint and lodge it before the concerned police, they will take care of the sections that are to be incorporated as per the offences made out.
It is not your duty to mention the sections of IPC or any other law in yor complaint.
2. Once the FIR is registered you can obtain a copy of the FIR from police.
3. The police have to take action as per law based on the complaint before it.
4. You can include this grievance also in the same complaint, the police will not entertain any complaint separately for the same incident.
1) let the police decide relevant sections of FIR
2)file FIR against vishal gupta and buyer
3) file house breaking complaint as your parents are owners of house and sale deed is fraudulently executed
1. Yes
2. If buyers are involved then they will be co accused
3. yes
1. The police will not listen to your request to add all the sections as you may inform them.
If the police is submitting the charge sheet after investigation and the desire information or the complete allegations leveled by you have not been included in it then you can file a petition before the trial court under section 173(8) seeking for re investigation and add all those charges left out, through the public prosecutor
2. You can give a complaint against the persons who have done this fraudulent acts.
3. The said offence should be included in your original complaint itself, you cannot give separate complaints for each and every incident that took place.
Whatever section you mention dosen`t matter. Last call will of police. Buyer and seller both.
Yes.
Thanks for your valuable opinions. We approached the SHO in Vrindavan Thana but he refused to lodge FIR and asked us to contact the Superintendent of Police (Mathura). We reached SP office to meet SP but instead were made to meet some other police officer, who asked us to write an application and after taking this application informed us that CO of Police would reach out to us in 4 days for verifying details. It has been 4 days now but no one has contacted us. What should I do next? - it has been a week since I reached out to the SHO with my complaint and still no FIR has been lodged. Should I continue following up with the SP office or should I file an application under CrPC 156(3) in court? I am afraid that if I reach out to court then police officers might feel offended and even if they are forced to file FIR, may not investigate the case properly. Please guide.
Wait for one week
tjen File complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
YOU HAVE NO OPTION THAN TO APPROACH COURT WITH A PETITION UNDER SECTION 156(3) CR.P.C.
The direction of court to the police to take action as per the complaint pending before them cannot enrage the police.
They cannot disobey the court order.
If they do not investigate the matter properly then you can always file a petition under section 173(8) cr.p.c. for re-investigation
Whatever the civil action only will fetch you the desired relief.
Better send the FIR through POST to both SHO and SP. If not lodged in 7 days, file FIR through Court.
police officers might feel offended and even if they are forced to file FIR - Its routine , just file FIR.
Thanks for your valuable inputs. Police is investigating the case but they haven't filed the FIR yet. I have decided to go to court under sec 156 (3) for filing FIR. Yesterday when I went to police station for follow up they asked me to submit the original sale deed for investigation purpose. I said I can submit the certified copy but am not comfortable with submitting the original document for the fear that it can be lost or damaged. Can the police force me to submit original sale deed with them - is there a provision of law that I can use to prevent this?
you should submit certified copy of sale deed only for investigation purposes
2) offer original sale deed for inspection purposes only
Police cannot demand original sale deed.
You can carry the original sale deed along with certified copy with you to the police station and take back the original sale deed after being compared with the certified copy and hand over the certified copy of the sale deed, however you can make an endorsement in the certified copy that this is a copy for reference and put the date also after your signature below the endorsement.
Never submit original sale deed. File FIR through court and enclosed copy or certified copy of SD.
No they can’t force you to produce original sale deed they can have inspection but origin is always produced in court not to police
Dear client,
It is advisable to mention all the relevant IPC sections in the FIR, but ultimately it is up to the police to decide which sections to include based on their investigation.
At this stage, it is best to lodge the FIR only against Vishal Gupta, the seller in the fraudulent sale deed. If during the investigation, the police find evidence against the buyers for criminal conspiracy, they can be added as accused.
Yes, you can file a complaint under IPC sections 445 for house-breaking against the unknown persons who broke the lock on your property.
If the SHO has refused to lodge an FIR, you can file a complaint with the Superintendent of Police (SP) or with the Magistrate under Section 156(3) of the Criminal Procedure Code (CrPC). If you fear that filing an application under CrPC 156(3) may offend the police officers, you may continue following up with the SP office for a few more days. If there is still no response, you can file the application with the court, and the court will direct the police to register an FIR and investigate the case.
Regarding the police asking for the original sale deed, there is no provision in the law that allows them to force you to submit the original document. You can submit a certified copy or a photocopy of the sale deed for their investigation. If the police insist on taking the original, you can request them to give you a receipt for the document, and make a photocopy of it before handing it over to them.
- You can lodge a compliant before the police for the said cheating against him under the section 420, 423 IPC
- Further, if police not register the FIR , then approach the higher official of the police for the same.
- Further, if there is not positive action , then file a compliant before the magistrate for an enquiry under section 156(3) CRPC
- Further, you can also file a suit for declaration & Injunction before the court for declaring the said sale deed as null and void, and to restrain him from selling the property
- Further, as he has break the lock and enter into the house, then you can also lodge an FIR against him for the offence of trespassing.
