Forged signature in relinquishment deed
Querist :
Anonymous
(Querist) 05 November 2011
This query is : Resolved
Sir,
I am the owner of the property and the other person wants to grab my property when I am not willing to sell him. By playing fraud and mischief he created/fabrcated a unregistered relinquishment deed with false signature of me (computer cut and paste) as executed by me claiming I have received the consideration amount. I have denied having executed any relinquishment deed in their favour nor received any consideration amount for the same. Now they have instituted against me a civil case and also criminal case U/Sec 420 Cr.P.C. and got me arrested on private complaint.
When I am owner of the property and have not relinquished any deed nor received any amount. How I can prove my innocence ? Why the court has not gone into the evidence given by Mischief monger. An innocent person cannot be held accused just somebody creating documents and harrassing the law abiding citizen.
Under our constitution what is remedy against fraudulent charges and blacking through fabricated documents. Why I should spend huge sums just to defend some fabricated documents that is taken into consideration by the judge. Please do let me know the remedy under such situatiton.
Thanking you,
MSN
Ajay Bansal
(Expert) 05 November 2011
At this stage, if document in question is forged and challan has not been filed in court,then you may meet the I.O with a written-request to get compare said document with your originol hand writting from F.S.L. of state.If challan has been filed in court,then move an application in court with a prayer for getting direction to police u/s 173[8] Cr.P.C. for said comparision of hand-writting.
ajay sethi
(Expert) 05 November 2011
it is your case that forged and fabricated relinquishment deed has been prapred by complainant .
if it is so why have you not filed a complaint under section 467, 468 , 471 of IPC .
you ought to immediatedly file a complaint . you ought to be on the offensive .
Guest
(Expert) 05 November 2011
all the persons have fundamental and constitutional rights. The right to property is a constitutional rights. Every person has been given safeguards under constitution to sue to be sued civil or criminal. in your case you can go quashing the criminal case. Also you have to file a suit for declaration of title over the properties in a civil court.. Mere defending will not help. You must fight back. file criminal complaint against them. if property is of you, you must spend expenses to maintain. Also you must be vigilant on your rights. sleeping upon will waive your right.
Sankaranarayanan
(Expert) 05 November 2011
i do agree with all learned friends suggestion
Guest
(Expert) 05 November 2011
ya shailesh it can b (u/s 120B) with addition to above.
Guest
(Expert) 05 November 2011
Since you are late in taking initiative, your query, "why I should spend huge sums just to defend some fabricated documents that is taken into consideration by the judge," would not have any significance in the eyes of law at present till you are able to prove your case before the judge.
In fact the question was who took the lead first, the owner or the forger? The opportunity to take lead has already gone out of your hands.
The query of Mr. Sethi is quite valid. When you knew someone has fabricated and forged the relinquishment deed, you could have taken the lead to file a case against the fraudulent party, besides publicing the matter by issuing notification to that effect through leading newspapers to make a solid ground in your favour.
So, now there seems no alternative, OTHER THAN to defend the case and prove your claim by spending aappropriate sum of amount. However, if you win, you would also be able to sue the other party to claim damages also.
SO NOW, THE ONLY REMEDY RESTS WITH YOU TO HIRE A CAPABLE LAWYER TO HANDLE YOUR CASE EFFICIENTLY AND SINCERLY TO DEMOLISH THE CASE OF THE OTHER PARTY.
Shonee Kapoor
(Expert) 05 November 2011
I believe the same relinquishment deed is used as evidence in the case of 420.
Read and use a judgement called Marwah Vs Marwah on the same grounds and file a private complaint for forging the documents to be used in court proceedings at the same time.
Rest I agree with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
