Relinquishment deed and partition suit
M Satyanarayana
(Querist) 13 October 2012
This query is : Resolved
Sir,
There is a partition suit decreed between sister and brother and after preliminary decree sister created a forged relinquishment deed which is denied by borther for non execution and non receipt of consideration and also registration act and stamp duty act. After preliminary decree they approached lower court for final decree proceedings.
At this stage whether there will be a different suit for the said relinquishment deed or in the same the unregistered relinquishment deed may be considered after final decree. Preliminary decree has attained finality upto Supreme Court of India. Please kindly advise how can I proceed to get my share.
Thanking you,
MSN
Devajyoti Barman
(Expert) 13 October 2012
If the docuemnt is forged and the same is submitted in the court then you can apply u/s 340 crpc in the civil court to send it for inquiry by the Magistrate for committing perjury where the alleged forgery would also be determined.
