Illegal transfer of property in pagdi system. where owner has colluded

778 votes

If the suit premises in a Pagdi system were transferred to another party’s name during the pendency of an ongoing suit, especially with the alleged connivance of the owner, it may amount to fraudulent transfer or suppression of facts before the court. You may file an application under Order 39 Rule 1 & 2 of CPC for injunction and a separate suit for cancellation of the transfer, along with a complaint under Sections 420, 468, 471 IPC for cheating and forgery. It is important to gather documentary evidence showing the ongoing litigation and the unauthorized transfer. Consult a property lawyer to initiate both civil and criminal proceedings.

Advocate Vaibhavi Muthinty LawRato

957 votes

please consult in person and in detailed please consult in person and in detailed please consult in person and in detailed please consult in person and in detailed please consult in person and in detailed please consult in person and in detailed please consult in person and in detailed please consult in person and in detailed

Advocate Santosh S. Gaikwad LawRato

997 votes

Well, a Criminal Case/Suit can be filed, but the motive behind filing such Criminal Cases/Suits is to seek Jail Punishment for the accused! Do you want to seek Jail Punishment for the accused persons? Is this your motive?

Advocate Pankaj Bajaj LawRato

969 votes

In a Pagdi system property, the tenant holds protected tenancy rights under the Maharashtra Rent Control Act, 1999. If, during the pendency of a civil suit, the owner illegally transfers possession or tenancy rights to another party without your consent or court permission, it may amount to fraudulent transfer and can attract both civil and criminal liability. You may initiate the following legal action: File an application in the pending civil suit to bring the illegal transfer on record and seek a stay or cancellation of such transfer. Simultaneously, file a criminal complaint under: Section 420 IPC (cheating), Section 467/468 IPC (forgery), Section 120B IPC (criminal conspiracy), for fraudulent transfer and suppression of pending litigation. File a Police complaint or approach the Magistrate under Section 156(3) CrPC if police do not act. Also, request the court to initiate contempt proceedings if the transfer violates any interim order or undertaking in the pending suit. Strong documentary proof and prompt action will strengthen your case. Let me know if you need a draft complaint or legal notice.

Advocate Kiran Ashok Gangurde LawRato