Impersonation in sales deed
Muzaffar
(Querist) 30 May 2012
This query is : Resolved
My mother has her name as legal heir in an ancestral property. One of my maternal uncles has declared himself as Ektra Kutumb Karta without my mother’s consent. Now since 2000 my maternal uncles have been selling the parts of the property without my mother’s knowledge and consent. Last year I checked all the sales deed via RTI and realized that some other woman is signing on her name (impersonation).
My queries are:
Can we lodge and FIR with proofs and on what section I have to tell the police for maximum punishment?
Can we directly go to Registrar with FIR and proofs to request the cancellation of these sales deeds?
Is Ektra Kutumb Karta applicable in Muslims?
Any suggestion would be highly appreciated to get our share as fast as possible.
Thanks in advance
ajay sethi
(Expert) 30 May 2012
if maternal uncle has been selling ancestral property and your mother signature is being forged then your mother has to file FIR against your uncle . you have to furnish copies of documents obtained through RTI
in addition you have to move court for setting aside sale deeds
adv. rajeev ( rajoo )
(Expert) 30 May 2012
File a complaint before the police. Let me know whose ancestral property?
Adv.R.P.Chugh
(Expert) 30 May 2012
Dear Mr.Muzaffar,
In light of facts - I opine :-
1. Certainly these RTIs do make out a good prima facie case for cheating (420) cheating by personation (419), FOrgery, Forgery for the purposes of cheating and other related sections.
2. You would have to file a suit for declaration that these sale deeds are invalid/fraudulent and are of no effect. This action can be filed within 3 years of knowledge of fradulent transactions. Once that is done - share can be culled out .
Feel free to talk !
Muzaffar
(Querist) 30 May 2012
Thanks very very much all of your for quick responses.
Dear Rajeev it my mother's ancestral property (my maternal grandfather owned it)
Anirudh
(Expert) 30 May 2012
Dear Mr. Muzaffar,
As per my legal knowledge, there is no concept of 'ancestral property' as far as a Muslim is concerned. Similarly, the concept of 'karta' or Ektra Kutumb etc., are also not applicable to a Muslim.
Muzaffar
(Querist) 31 May 2012
Hi Mr Anirudh
thank you for your opinion. will my mother have share in property after my maternal grandfather+grandmother dies? His name was there on pr card.
Thanks in advance
Anirudh
(Expert) 31 May 2012
You have to indicate whether you belong to Shia or Sunni.
Then who was originally owning the property in question.
When did that person die?
When that person died, who are all his relatives alive (wife, son(s), daughter(s) etc.)
Whether your mother is the daughter of that person who died? If not, how she is related to him.
Muzaffar
(Querist) 31 May 2012
We are Sunni.
Person died around 10 years back.
6 Sons and 1 Daughter is alive.
My mother is the daughter of the person who died.
Anirudh
(Expert) 31 May 2012
Do you mean to say that the wife of the person died prior to him? and on the date of death of that person (owner of the property) only 6 sons and 1 daughter are alive.
Please also indicate whether the father/mother of the person who died (owner of the property) were alive when he died?
Muzaffar
(Querist) 31 May 2012
No the wife of person died after his death.
No the father/mother were not alive when he died.
Anirudh
(Expert) 31 May 2012
You did not correctly indicate the position of the wife of the dead person. Therefore I had to ask you.
Now only you have given the correct particulars saying that the wife of the dead person was alive at the time of his death. Without this vital information, the answer to your query would not have been correct.
The property of the dead person will be partitioned in the following manner:
1/8th share to his widow.
Remaining 7/8th share has to be shared between the 6 sons and 1 daughter in the following manner.
14/104 for each son.
7/104 for the daughter.
Muzaffar
(Querist) 31 May 2012
Thank you so much for your time and important information Mr Anirudh.
Shonee Kapoor
(Expert) 31 May 2012
Your query has been resolved.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
