Fake sale deed
sukhpal singh
(Querist) 07 October 2011
This query is : Resolved
Sir,
A person filed a case in court by submitting a sale deed by forged signature of my Father in 1982 for a piece of Agricultre land. In court it was proved in the court that the signature of my Father on the sale deed are fake and after that they remained exparte. In 1984 the petition was quashed by the court. Again in 1986 the above opponent again restore the case and showed someone else as my Father and thereafter hide him on account of which the court made decree in their name in 1989.
My Father came to know the fact in 1999, when they made a change in the revenue record in Dec 1999, till than my Father didnt know the fact. Till Dec 1999 they have not made any change in the revenue records. In January 2000, My Father filed an application in court for restoration of
case but till date the case has not been restore.Moreover 5 months back the the person who had falsely able to made the decree in his name died.
Sir,
1. What should we do to get the justice speedily.
2. Can we get the copies of the both the cases i.e of 1984 and 1989.
3. Sould we file a petition in the high court for time bounding on lower court.
4. Can we file criminal case on the witnesses of the sale deed which was declared fake by the court in the decision of 1984.
Thanks
ajay sethi
(Expert) 07 October 2011
1)yes you can take search of both the cases . make an application for copies of the proceedings pay necessary charges for the same .
2)in the alternative ask your lawyer to take out copy of the said proceedings
3) if you have made application for restoration of suit 5 months back court will issue notice to defendants ie forger . if forger is dead his legal heirs will have to be brought on record.
4)you are at liberty to make out an appliocation for early hearing of case in lower court . if your father is a senior citizen court may allow the application
5)before filing any case on witnesses you have to first have order passed in 1988 set aside .
Sankaranarayanan
(Expert) 07 October 2011
yes u can
1. you approach the court with one good lawyer.
2 yes you can get the copy of the cases order
3yes
4.IF you have strong evidence and burden proof then you can file the same
sukhpal singh
(Querist) 07 October 2011
Sir
Can you please suggest me an Advocate in Powayan, Shahjahanpur, Uttarpradesh master in property law cases
Sailesh Kumar Shah
(Expert) 07 October 2011
Can you tell me that Whose possession in "Khasara/Khautani"?
Shastri J.K.
(Expert) 07 October 2011
I agree with mr.ajay sethi.
ajay sethi
(Expert) 07 October 2011
mr prbahakar singh is in UP near varanasi . is shahjanpur near ? you can get his contact from his profile
prabhakar singh
(Expert) 07 October 2011
Think of the devil and devil is there! But Powayan, Shahjahanpur for away from me.SORRY!No help for any lawyer can i give.
However i prefer to answer your query as follows:
1]When a restoration is pending on behalf of your father before the court which passed the exparte decree and your opposite party has died you say 05 MONTHS AGO,MAKE SURE ANY SUBSTITUTION APPLICATION FOR BRINGING HIS LEGAL REPRESENTATIVES ON THE RECORD HAS BEEN MOVED ON BEHALF OF YOUR FATHER BY YOUR LAWYER CONDUCTING THE RESTORATION OR NOT WHICH WAS REQUIRED TO BE MOVED JUST WITH IN 90 DAYS FROM THE DATE OF THE DEATH OF YOUR OPPONENT.
IF MOVED THEN ALRIGHT ,IF NOT, THEN THE FIRST ADVISE IS THIS THAT MOVE AN APPLICATION FOR SUBSTITUTION AT ONCE WITH DELAY CONDONATION APPLICATION TO BRING YOUR OPPONENT LRs ON THE RECORD,OTHERWISE IT WOULD BE FATAL AND DETRIMENTAL TO YOUR CASE.
2. YOU CAN GET THE CERTIFIED COPIES OF EVERY PAGE OF BOTH THE CASES PAYING COPYING FEES.
3.THERE SEEMS TO BE NO OCCASION FOR THE SAME JUST NOW.
4.IT COULD HAVE BEEN FILED AGAINST ALL OF THEM JUST THE TIME YOUR FATHER CAME TO KNOW ABOUT HIS IMPERSONATION.NOW MUCH TIME HAS PASSED I CAN SIMPLY SAY THAT INACTION ON YOUR FATHER'S PART HAS WEAKENED THIS ASPECT.
YOU CAN STILL FILE IT OR NOT IS AN ASPECT OVER WHICH PANDITS IN CRIMINAL LAW CAN ONLY SPEAK WHICH I AM NOT.AND Mr.SETHI HAS ALREADY ADVISED YOU CAN NOT DO SO JUST NOW.TAKE THAT AS FINAL WORD FROM ME TOO.
