Mortgage of a forged gift deed
Querist :
Anonymous
(Querist) 15 August 2011
This query is : Resolved
dear sir,
i on behalf on my father in law who is 70 years old look forward for a suggestion. the sequential facts that took place are- 1. on 19/12/2009 he came to know that his third son has executed a forged gift deed in his name impersonation his signature and thumb impression. the deed was registered on commission without his knowledge.subsequently civil suit was filed and decree awarded in my fatherin laws favour. now a possession notice was issued by a bank under sec 13(12) read with rule 8 and 9 of the sarfaesi act,2002,claiming our property. my brother in law has mortgaged the said property with the fake deed as gurantor to a third party. what is the legal remedy for us.
Arun Kumar Bhagat
(Expert) 15 August 2011
Intimate the Bank and supply them Court's order copy.
Querist :
Anonymous
(Querist) 15 August 2011
thanks sir, we have already intimated the concerned bank. does it matter if the date of mortgage is earlier to filing the civil suit for cancellation of the forged deed.
Raj Kumar Makkad
(Expert) 15 August 2011
As the basic document which was relied upon by bank while disbursing the loan has become an illegal document, the mortgage deed executed by misrepresentation has no value before eyes of law so put a strong representation/reply of the mentioned notice of bank and if need arises so, obtain declaration and stay order from bank. Bank authorities can lodge FIR against your brother in law and may impose all other means to recover their loan amount.
Querist :
Anonymous
(Querist) 15 August 2011
thanks sir, the forged gift deeds as mentioned earlier, as a laymen, we could identify that the signatures put there on for the donee and donor was visible that the handwritings of both the signatures were same . the facts which were clearly visible to a layman like us, why not to the sactioning authorities.
malipeddi jaggarao
(Expert) 16 August 2011
As the document itself is not legal one, Bank has no claim basing the document. Your father-in-law should reply the possession notice forwarding a copy of decree stating that the gift deed is illegal and bank can not proceed further for taking possession or any other act dealing with the property mentioned in it.
Raj Kumar Makkad
(Expert) 16 August 2011
Bank obtains a title verification from its empanellled lawyer. There might be a lapse on his part.
Querist :
Anonymous
(Querist) 16 August 2011
sir, today me, my husband and father in law went to the concerned bank but the agm was not there. but in the second half we could meet him he said that he can not say us the date of mortgage without consulting his lawyer. he accepted our application under Rti act and said that he will give us the records day after tomorrow. What should we do now?
girish shringi
(Expert) 16 August 2011
See the records of the bank and prove the fact that act of impersonation was done by Mr. X the bank may take action against the accused i.e.your brother in law.
