Partition suit and unregistered relinquishment deed
M Satyanarayana
(Querist) 16 May 2012
This query is : Resolved
Sir,
I filed partition suit in my mother's property and High Court declared 1/3rd share each to myself my father and sister. My sister with ill motive and malicious intention created unregistered relinquishment deeds executed by me and my father by photocopying the signature on documents and filed in the court when I filed for final decree proceedings. I raised objections for unregistered relinquishment deeds under Registration Act, Indian Stamp Act and Transfer of Property. The court allowed the unregistered deeds but not marked and it will be considered at the time of final decree.
My question is trial court ought to have examined and considered at the admission stage only under Section 61 of Stamp Duty Act. Why the documents are not examined at the stage of admission when the objections are raised regarding registration and insufficiency of stamp duty.
Please let me know what will be the procedure in the present case whether my shares in the property will remain intact. I am afraid my sister is very cunning and cruel she may take advantage of my ignorance about the law. Further there is cheating case pending against me she filed the photocopy of the same documents to register criminal case against me. Please suggest me what course of action to be taken. This has happened inspite of advocate from my side.
Thanking you,
MSN
ajay sethi
(Expert) 16 May 2012
high court has already passed order that you have 1/3rd share in property.
if your sister has forged your signatures you ought to file criminal complaint agaist her for forgery , cheating .
if document is un registered it wont be admissible in evidence . court will at stage of arguments decide the issue .
Shonee Kapoor
(Expert) 18 May 2012
file criminal complaint against your sister/
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M V Gupta
(Expert) 18 May 2012
you should file proper objections against the validity of the documents relied on by your sister stating that they are forged documents and demand for reference to handwriting expert. Also file FIR with the police as suggested above.
