Committing cheating & forgery
sanjay kumar sinha
(Querist) 27 April 2013
This query is : Resolved
Sir,I am Daisy Sinha R/o Vaishali, Ghaziabad (UP)dohereby bring the following information and need guidance for further action.I was owner of Shop which is situated in Builder Flat, that in the year 2006 i was given on rent on a monthly rent 3000/-per month, but due to some heath ailments of my husband in the year of 2011 i sold the aforesiad shop to another person(Women). At the time of selling the aforesaid property the renter was asked to vacate the premissesupon which he requested that he be permitted to continue only for three months and with the consent of the buyer , the renter was permitted by both of us and we both believed on his assurance that he shall vacate the premises in the next three month, that after sale of aforesaid property , i got struck in the medical treatment of my husband and he had undergoane with major heart surgery.That despite giving assurance the above renter did not vacate the premises and he is still occupying the same without paying any rent to any of us . very recently i have come to know that the above renter is claiming himself to be the owner of the property in question and when asked him, he filed a frivolous suit for injuction against me before the district court and only thereafter i came to knoe the renter has used fabricated document in the above mentioned case.That late on it was revealed to me that the renter had forged my signature upon one agreement to sell dated 16/05/2011 claiming therein that i have intered into agreement to sell with him whereas the signature appearing on the the aforesaid Agreement to sell which has also been notarised , is not of me and therefore the aforesaid document has been forged and on the basis of the said document the renter wants to grab the property illegally and he has thrwatened me and my husband that in case i asked him anything with regard to the aforementioned property or if itake any action ,me and my family shall be finished .Please look into the matter and advice.Thanks.
Nadeem Qureshi
(Expert) 27 April 2013
Dear Querist
if you think that this agreement to sell is forged and fbricated then you have to right to file a criminal case against him u/s 420, 467,471 of ipc,
feel free to call
Rajeev Kumar
(Expert) 27 April 2013
Yes if it is clear that the agreement for sale is froged and fabricated the file criminal complaint u/s 420 of ipc
prabhakar singh
(Expert) 28 April 2013
Apart from filing criminal cases you need to contest his suit and also need to file his eviction determining his tenancy.
Mind the property is in U.P. where no valid agreement to sale is allowed without registration,only notarization can not make
it legal.
Hence take objection of section 47 registration Act to the very admissibility of the(forged) agreement and seek rejection of the plaint under order 7 rule 11.
Contact a good civil lawyer.
sanjay kumar sinha
(Querist) 28 April 2013
Sir-I would also like to say that besides forged my signature they also mentioned his agreement that i have taken amount of rs.1.70lacs but i came to know after comming from 1 months hospitalisation of my husband. i asked for my renter let me know when did do you made the payment or which mode of payment , there is no answer from renter, they are only telling me if you can pay my amount with interest than i can leave your shop.Plz advice me that how can they proof about payment made ,whichever no any cash receipts, no any cheques in favour.Thanks & need help regarding above cases.
prabhakar singh
(Expert) 28 April 2013
Please do not be too much anxious unnecessarily. When it is a forged document it is not binding on you.After all consideration would be found mentioned in forged documents also.This is his headache to prove not your's.
You need to act in line directed or do what you want to do.
To me your query stands resolved here.
Raj Kumar Makkad
(Expert) 29 April 2013
I fully endorse the advice of Mr. Singh.
sanjay kumar sinha
(Querist) 02 May 2013
I have tryed several times for logde the FIR but local police station refused to do, I have filed the case before Judicial Magistrate for getting order for lodge the FIR.Thanks.
sanjay kumar sinha
(Querist) 14 May 2013
Sir-Please recomand any Civil Advocate to solve the problem at Ghaziabad Court.Thanks
