Buying a house/plots/commercial property is one of the biggest investments an individual/family makes. An individual/family plans for years, saves up and arranges money by loans before they can actually buy a house/plot/ commercial property. But what if the property papers you are provided are fake or a fake registry of the property has been done in someone elseâs name or the plot you bought has been sold to someone else too?
Property fraud in cases of fake registry or double sale of property in Delhi can lead to complicated ownership battles, financial/emotional losses and leave you questioning your legal standing. You will have to deal with issues related to forged documents, misrepresentation, possession, multiplicity of parties and more as a victim of property fraud via fake registry or double sale of property in Delhi.
Buying/Selling property has become more difficult with each passing day in Delhi. With rising property prices, multiple people selling the same property (who all claim to be the rightful owner), property being transferred to grand children/great grand children of the person in whose name the property was originally bought, title discrepancies and various paperwork related issues. If you fail to check the ownerâs title and property sale history of the property you want to buy, you may end up losing years of your life fighting a court case.
Why Property Fraud Cases Are Increasing in Delhi?
Property deal in Delhi includes sale/purchase of flat/apartment, commercial properties, farms, under construction projects by developers, properties through inheritance etc. Rise in property value and increased demand has given rise to property disputes such as conflicts in ownership and property frauds.
Property frauds become easier when one party blindly believes what the other party states and does not verify or double check title papers, previous sales, if any encumbrances or mortgages on the property or status of the property.
Some cases in which property frauds are encountered are:
- Dealings in properties through forged ownership papers.
- Signing of false sale deed/registry documents.
- Sale/purchase of same property to or by more than one person.
- Undisclosed previous agreements/disputes with government.
- Identity falsification in property transactions.
- Creation of false Power of attorney to show fake ownership
For e.g. Even after your property is registered legally, a genuine buyer might think all the documentations are completed as per legal norms. But he eventually discovers that there are or was someone else who has rights over that property.
BK Singh Advocate guides you about the legal recourse against such fraud property dealings.
What Happens When a Property Is Sold Twice to Different Buyers?
DOUBLE SALE OF PROPERTY:
When immovable property sold by same seller or any other person selling with forged title more than once then it is said to be double sale, when two or more persons claim to have purchased the same property.
Legal Plight:
Here double sale comes into the picture as here a sale deed pertaining to same property has been sold to more than one person. Few factors which plays a major role in deciding the fate of the actual owner are: â
- When was the first sale done
- Validity of document
- Who had prior knowledge
- Registration
- Possession
- Property law which is applicable.
Though in most jurisdictions, the second purchaser cannot rely upon registration to bar all inquiries into the ownership of real property. Ownership of the property involves questions of the validity of both partiesâ title to the property and the facts and circumstances surrounding each partyâs transfer of title.
Remedy:
The injured party will often need to pursue civil remedies to attempt to enforce his/her rights in the property and may also have criminal prosecution available.
Where ownership itself is disputed, the issue may involve a title dispute and the appropriate legal route depends on the documents, transactions and facts of the matter.
How Can Fake Registry and Forged Documents Affect Property Ownership?
Fake registry/tampered documents will gravely complicate title issues. Property registration acts are considered proof of property transactions. However, if a registration was gained illegally through fraudulent means such as illegally copied signatures, fake IDâs, false claims of ownership, forged records, fake power of attorney or impersonating anotherâs legal rights to sell/power of transaction, it can be disputed.
Documents can be forged based onâŚ
- Fraudulent signatures
- Fake identification
- Totally false claims of ownership.
- Forged documents.
- Fake power of attorney.
- Illegal replication of another persons legal capacity to transact.
Someone who has been defrauded by fake documents could face losing their financial investment, not gaining possession of the property, not being able to sell the property, or lengthy court litigation.
Where the concern relates specifically to irregular registration or documentation, a buyer may also need to examine the available registry and stamp issues connected with the property.
Quick Facts About Property Fraud Cases in Delhi
- Property fraud may lead to civil as well as criminal consequences.
- Actionable per fraud registry/titles and forged documents.
- Title determines ownership on the basis of documents, transactions and evidence.
- FIR can be registered if someone has made an allegation of cheating/forgery/fraudulent act.
- You might also need to file a civil lawsuit to establish your ownership and seek remedy.
- It is advisable to verify the property documents before entering into property deal.
- Every property fraud case is unique and depends upon the facts of the respective case.
What Legal Remedies Are Available Against Property Fraud in Delhi?
Civil remedies against property fraud depends on the facts of each case. If somebody has been doing fraud transactions in your property, you may require assistance from civil and criminal lawyers.
Following are some of the remedies available:-
- Initiating criminal complaint for fraud, cheating, forgery or impersonation.
- Initiating civil suit for declaration of ownership and /or cancellation of documents obtained by fraud.
- Seeking relief from the court, such as may be necessary to prevent any further loss to your interest in the property.
- Setting aside of such transactions.
Based on the documents you have, parties related to the property, transactions carried out and allegations in your complaint, the remedies could be decided. BK Singh Advocate can help you understand whether your case consists of civil suits, criminal complaints, setting aside of documents or any other.
Where fraudulent documents are central to the dispute, a deed cancellation remedy may be relevant depending on the facts and the nature of the disputed document.
Can a Buyer File FIR for Fake Property Documents and Double Sale?
Yes. Buyer can approach to the Police station where offence has been committed. But the facts should suggest that there was commission of crime like cheating , forgery/presentation of false document or dishonest inducement.
Any dispute related to property will not entitle you to file a criminal case. There may be a civil dispute related to titles/agreement which has to be sorted by civil remedy.
The officer will examine the facts if the suggest commission of crime. The documents, messages, history of transaction and every information available would be examined.
Few of the important documents which may be asked for are.
- Copy of sale deed.
- Documents from registrar.
- Proof of payment done.
- Messages/ conversation with seller.
- Advertisement of the property.
- Identity proof.
- Encumbrance certificate. Till what date it was in name of previous owner.
BK Singh Advocate will help you understand whether its a civil dispute related to property or you have been a victim of alleged criminal fraud.
Where the facts indicate a possible property-related criminal allegation, specialised assistance may also be relevant for property crime cases.
What Civil Suit Can Be Filed in Property Fraud Matters?
Civil Remedies:
Civil remedies come into picture because rights of ownership and possession and validity of documents are decided by Civil Courts. The party cheated in a property deal may be forced to approach the relevant court with a suit to protect their legal rights.
Civil remedy can be:
- Suit for declaration regarding ownership rights.
- Suit for declaration for cancellation of fake/invalid documents.
- Temporary or permanent injunction to prevent further transactions from acquiring third party rights.
- Recovery of Possession (if any)
- etcâŚ
Civil lawsuit and the ensuing judgment takes into consideration the history of ownership, documents produced by parties involved, behavior of parties and other evidence produced in court.
For example, If a seller has entered into multiple sale deeds with different buyers for the same property then the victim buyer needs to understand the civil remedy they are entitled to after reviewing when each transaction happened through consultation with a lawyer.
BK Singh Advocate can assist buyers and owners in understanding civil remedies available in fake registry and double sale cases. We provide this advice only after studying the complete history of the property dispute.
How Can Buyers Protect Themselves From Property Fraud in Delhi?
Buyers Beware! Buyers should not splash cash while purchasing any property. Registration of sale deed is just not enough. There are some other factors that need to be considered before purchasing a property.
Following are some of the property related documents that a buyer should verify before buying a property:
- Property Title
- Previous Sales
- Encumbrance certificate details
- Sellerâs right to sell
- Any Disputes
- Any other document related to property
One can save oneself from any future legal hassles by verifying all of the above mentioned before purchasing any property. Proper legal due diligence will help a buyer back out of a deal if the titles to the property are disputed or if the paperwork is found to be fake.
But what happens when you have been already cheated? Then itâs time to fight for your rights with Legal Options.
When Should You Consult a Property Lawyer in Delhi?
Many people wait for the last moment to consult a lawyer with the thought that someone will listen to their plea and rectify the mistake by repairing the issue or returning the invested money. Property matters turn from bad to worse if you do not take timely action.
You may consult a property lawyer when:
- You discover that someone else has an ownership on your property.
- Registry documents seem suspicious to you.
- Seller has sold the property to another person.
- You feel signatures/documents are forged.
- Youâre denied possession of property after buying it.
- You have been served a legal notice for property you own.
- While checking your property documents, you notice some inconsistencies.
Do not wait for too long. Speak to a lawyer at the earliest and understand how legally sound your documents are and what legal action you can take.
BK Singh Advocate can help you if someone has frauded your property by handling legal matters such as forged registry, property sold to two different persons, dispute of property ownership and issues related to documents.
How BK Singh Advocate Helps in Property Fraud Cases
Property fraud cases are extremely sensitive as money as well as rights are involved. BK Singh Advocate provides counseling service to those who have fallen prey to fraud in any property transaction. He reviews the documents available with the client, understands the transaction details and advise the client about his legal rights.
Factors such as-
- Type of fraud claimed.
- Title documents held by client.
- Relation of parties involved.
- Who has possession.
- Nature of evidence in hand.
- Can alter the legal course to be taken
to fight
a property dispute. For eg. A property dispute involving forged documents would be treated differently than a property dispute where its a plain case of not following the terms of an agreed contract.
BK Singh Advocate loves to explain the legal position of his clients rather than giving dubious promises about the judgement. Verdict of a property dispute depends on facts, evidence and judge's mood.
Frequently Asked Questions
1. What is property fraud?
Property fraud includes any fraud connected with ownership, documents, sale or any information about an immovable property. Fake registry, document forgery or selling property without authority are all fraudulent.
2. Can buyer file FIR against fake property documents?
Buyer can register an FIR with the authorities if the facts at the outset appear to show that some criminal offense has been committed like cheating, forgery or making false documents.
3. What will happen if a property is sold twice?
Once a property is sold twice it leads to a dispute between two buyers over who owns the property. The rights of both parties would be analyzed depending on the facts of the transactions, documents signed between parties, what both parties knew at the time of transaction, legal rules etc.
4. Can fake registry be canceled?
Any person who is affected by the fraudulent document is entitled to civil and criminal remedies against the person who have executed the document or participated in doing so. Challencing the said documents in the court of law is one such effective remedy.
5. Is property fraud a civil lawsuit or criminal?
Property fraud can arise as both a civil dispute or criminal dispute. Civil lawsuits would include parties fighting over who all own the property. Parties trying to recover money from each other for the property would also be civil. If anyone party has made a dishonest misrepresentation against another party, it becomes a criminal issue.
6. Which documents should I have to prove property fraud?
Sale deed, receipt of payment, call or whatsapp conversation records, previous owners documents and any other evidence which could help you with the property transaction. These documents would help you understand what facts are in your favor.
7. How can BK Singh help you if you are a victim of property fraud?
BK Singh will review all the documents and understand the facts and history of the dispute. Once he has all the information he will guide you and suggest you the necessary legal remedies that you can take.
8. Is it legally permitted for a person to sell his property to 2 different persons?
If a person sells his rights in a property to two different persons, both of them can get into trouble. The consequences of the later transactions would depend upon the facts as to what rights were sold by the person and whether the subsequent transactions were legally done.
9. Is it necessary for a buyer to verify all the property related documents before buying a property?
Yes, it is always better to verify all the documents when you buy a property. Checking the title of the property would ensure that you donât get into a property dispute in the future.
10. Whom can Delhi residents contact if their property is forged?
Delhi residents who are facing property fraud can contact BK Singh. He has successfully handled many cases involving fake registry, double sale of property and helped his clients get their property related ownership disputes resolved.
Final Thoughts
Fake registry and double sale fraud cases can be very upsetting for buyers or property owners. Upon discovering fraud the individual should keep all the documents secured and should understand his/her rights.
Property cases are very sensitive and depend solely on titles, transactions conducted, evidences available and are law bound. The sooner you consult a lawyer, the better it is for you to understand where you stand legally.
BK Singh Advocate provides legal assistance to clients in Delhi who have been a victim of property fraud cases. This could be anything from fake documentation fraud or double sale situations or a dispute against property owners. Please meet us to understand the course of action required for your case.
