Legal Question in Criminal Law in India

Sir,

I am an Indian National. I left India eight years ago. Since then I am staying abroad. I had my 50 biggha farmland near Haridwar, Tehsil Roorkee. The land was bought and mutated in my favor in the year 1992. On the land boundary there are 1000 teak trees and 500 ramkela and deshri mango trees were planted by me. Now teak trees have grown well and also mango has started giving return.

The market value of the land is now more then 3-5 crore. Recently I have come to know that a local ex MP and his nephew who is sitting MLA has got my land registered and even mutated in his name on the basis of a fake Power of attorney. They are very powerful people and well known local criminals.

With the help of an old friend in Roorkee, I have been able to get the copy of registration deed by which they have got the land mutated in their name. Local patwari has given me fard showing land mutated in their name and now I am trying to get copy of fake power of attorney which they have used.

I have applied for Nationality here and in few months I am hopeful of getting my nationality here, as per my knowledge India does not allow double nationality there fore I will loose my Indian nationality soon.

I have few distant relatives in India but they are all not of any help to me in this matter.

Pl advise

1. What sort of legal action (criminal/civil) we can take against them? Please give me in detail indormation.

2. How much time it will take?

3. Can we file suit/case in Delhi (as I was staying in Delhi before coming here and when I bought land my ex Delhi address is mentioned in purchase land registration deed.

4. Will I loose my land property once I loose my Indian nationality?

5. Do I need to come to India to file my case or cases?

6. Will I be needed to attend all case hearings for the years to come till the case last?

7. Suggest a good advocate in India.


Asked on 2/01/10, 7:45 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is sad to note that your land has been grabbed on the basis of fake documents. you can file civil suit for getting the transfer documents cancelled and also for seeking possession of the land. you can also file criminal complaint of fraud and forgery. you can file the case at delhi as you apprehend that the ex MP may use his influence and may try to act illegal. you do not need to appear in the court and your lawyer would proceed with your case on the basis of your power of attorney. you may talk to me at +91 9811284735 in case you want.

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Answered on 2/01/10, 9:22 am
Shrichand Nahar S.V.Nahar, Advocate

1. You should consider filing criminal, civil and revenue actions. For detailed information, contact your lawyer.

2. Time required in legal proceedings depends on several factors - it can vary from 2 years to 20 years or even more.

3. Suit is required to be filed in the court having jurisdiction over land fraudulently sold. As far as criminal action is concerned, it can be filed in any court where entire or part of offence committed.

4. No Central Act with such provision. Check local acts of state.

5. Not an absolute necessity. However, it is better to visit India as you may be able to discuss the matter with its pros and cons with your lawyer.

6. Not an absolute necessity. There are ways by which you may not be required to be present on each and every date.

7. There are several. You need to meet couple of them and finalise one.

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Answered on 2/03/10, 1:35 am


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