Advocate Pramod Satish Mhaskar

Questions Answered by Advocate Pramod Satish Mhaskar

Q: Property fraud: Undivided share sold via false heir affidavit

I am an NRI , My deceased mother's property devolved equally upon three legal heirs. Two co-heirs mutated the revenue records by submitting a false self-declaration affidavit suppressing my existence. They subsequently sold the entire property to a third party without my consent. That third party has started tear down of property. Seeking legal recourse to cancel the sale deed, obtain partition, and initiate criminal fraud action.

Advocate Pramod Satish Mhaskar answered
Hello,The actions committed by your co-heirs amount to severe civil fraud and criminal offenses. Since the third-party buyer has already commenced demolition, you must take urgent and multi-pronged legal recourse immediately to secure your rights:1. Immediate Civil Recourse (Partition, Cancellation, and Injunction):- Lawsuit for Partition and Declaration: File a comprehensive Civil Suit before the competent civil court seeking a declaration of your 1/3rd share in the ancestral property.- Cancellation of Sale Deed: Pray for the cancellation of the illegal sale deed executed in favor of the third party. As a co-heir, your consent was mandatory; hence, the other co-heirs could not have legally sold your undivided share.- Application for Temporary Injunction (Stay Order): Along with the suit, move an urgent application under Order 39 Rules 1 and 2 of the CPC to obtain an ad-interim temporary injunction against the third-party buyer to immediately halt any demolition, construction, or creation of further third-party interests.2. Revenue Challenge:File an appeal before the relevant Revenue Authority (such as the Sub-Divisional Officer or Collector) challenging the fraudulent mutation entries obtained by suppressing your legal heirship. A mutation entry obtained by fraud is void ab initio.3. Criminal Action for Fraud and Forgery:Lodge a formal Police Complaint (FIR) against the two co-heirs for offenses under the Bharatiya Nyaya Sanhita (BNS) [formerly IPC] including:- Forgery of valuable security/will (Section 338 BNS / Sec 467 IPC)- Forgery for purpose of cheating (Section 336 BNS / Sec 468 IPC)- Using a forged document as genuine (Section 340 BNS / Sec 471 IPC)- Criminal Breach of Trust and Cheating (Sections 316 and 318 BNS / Sec 406 and 420 IPC)If the police refuse to register an FIR, your advocate can file a private criminal complaint before the Judicial Magistrate under Section 175(3) of the BNSS [formerly Sec 156(3) CrPC].Since you are an NRI, you can execute a specific Power of Attorney (PoA) in favor of a trusted person in India to initiate and pursue these legal proceedings on your behalf.

Q: Deemed conveyance undivided share issue

We are defendants in a case and want to seek Reliefs. Do we file a counter claim or fresh case . Majority Reliefs are overlapping

Advocate Pramod Satish Mhaskar answered
Hello,Since you are the defendants and your reliefs are largely overlapping with the subject matter of the existing property suit, filing a Counter-Claim under Order VIII Rule 6A of the Code of Civil Procedure (CPC) is the most legally sound and tactically advantageous option, rather than filing a fresh suit. Here is why a Counter-Claim is highly recommended in your scenario:1. Avoids Multiplicity of Proceedings: A counter-claim is treated as a cross-suit and is heard by the same judge alongside the main suit. This prevents conflicting judgments from different courts regarding the same property and saves substantial time and litigation costs.2. Prevention of Technical Bars (Res Judicata / Order 2 Rule 2): If you file a fresh independent suit for overlapping reliefs, the opposite party might object to it under Section 11 (Res Judicata) or Order II Rule 2 of the CPC, claiming that the dispute is already being litigated in the first suit. A counter-claim safely protects you from such technical dismissals.3. Independent Status: Even if the plaintiff eventually decides to withdraw their original case or if their case is dismissed, your counter-claim will still legally survive and proceed independently to final judgment.Procedural Requirement: You must file this counter-claim along with your Written Statement (WS) or before the time limited for filing your defense has expired. Court fees will be applicable on the valuation of the reliefs you are seeking in the counter-claim. Kindly consult your advocate to draft it comprehensively alongside your written defense.

Q: Query on prr requisite fulfilment

I have a mutual consent divorce filed in Bangalore and is at its final stages i.e. mediation There was a loan which I had taken from my wife's dad approx 13 lacs , 8 lacs is paid, We had agreed in divorce agreement that rest of the amount to be paid via monthly cheques ,and if I give the PDCs it wud be acceptable. During mediation I was told court does not accept post dates cheques Is this true?if this is true how can this payment be settled in monthly installments legally pl suggest

Advocate Pramod Satish Mhaskar answered
Hello,1. Regarding PDCs in Family Court: It is true that Family Courts and mediation centers generally discourage or refuse to keep Post-Dated Cheques (PDCs) in court custody or record them blindly. The court prefers a clean, lump-sum settlement via Demand Draft (DD) or NEFT/RTGS at the time of the second motion. This is done to prevent future litigation (such as Section 138 NI Act cases) in case a cheque bounces later.2. Legal Ways to Settle in Monthly Installments: If paying via installments is the only mutually agreed option, you can legally secure the arrangement through these steps:- Detailed MOU/Settlement Agreement: Explicitly mention the entire installment schedule, including the specific cheque numbers, amounts, and maturity dates, in the Memorandum of Understanding (MOU).- Consent Terms in Court: Ensure that these installment terms are recorded before the Hon'ble Family Court during the recording of statements. This will make the payment schedule a part of the final divorce decree.- Strict Default Clause: Incorporate a clause stating that any default or cheque bounce will invite immediate Contempt of Court proceedings, criminal liability under Section 138 of the Negotiable Instruments Act, and allow the wife to halt the divorce or revive previous legal claims.This makes the monthly payment framework legally binding, enforceable, and acceptable to the court.