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Registered a sale deed on basis of forged gpa

(Querist) 04 May 2012 This query is : Resolved 
WE HAVE SOLD A PLOT AND BUYER GET SOME PAPERS SIGNED FROM RESIDANCE FROM MY MOTHER AND ALSO GOT SIGNED A RECEIPT OF FULL AND FINAL PAYENT, WITHOUT MAKING OF FULL PAYMENT. BUYER PUT THE FORGED STAMPS ON GPA AND SOLD THE SAID PLOT IN THE YEAR 2008 TO HIS FAMILY MEMBERS. WE COME TO KNOW THIS SALE DEED IN THE YEAR 2010. WE HAVE APPROACHED THE SAID TEHSILDAR AND GET A LETTER FROM TEHSILDAR MENTIONING THAT THE SAID GPA IS NOT REGISTERED. MATTER IS OF 2005. PL GUIDE ME WHAT STAPS WE HAVE TO TAKE AGAINST SAID PERSON.
Adv.R.P.Chugh (Expert) 04 May 2012
Dear Querist,

File a suit for declaration/cancellation of those documents they being void - (plead what is known as 'non est factum') that documents were got signed under mistake or misapprehension as to it's actual contents - induced by fraudulent conduct of person, and declaration that you continue to be rightful owner, since you got to know about this fraud in 2010 - you can file a suit till 2013.

Also initiate the necessary criminal proceedings for forgery, cheating etc.

Good Luck

Adv. Bharat Chugh
ajay sethi (Expert) 04 May 2012
when did you sell the plot?

when were the papers signed?

why did you sign papers without receivig full payment ?

if case is of 2005what were you doing for 7 years?

is your mother illliterate . ?


it is highly improbable that in respect of property sold in 2005 you cnme to know full payment not received in 2010

vijay (Querist) 04 May 2012
Dear Sir,
Buyers has paid maximum payment only Rs.75000/- is payable on registration of GPA / sale deed. We do not know when and how they can registered the GPA and than sale deed on behalf of said GPA.
ajay sethi (Expert) 04 May 2012
what price you sold the plot? you have stated that only rs 75,000/ was balance amount payable . you need to contact a local lawyer . there are too many loose ends in your story to be believed
Shonee Kapoor (Expert) 06 May 2012
Unless the complete documents are seen, nothing can be advised.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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