False/fake affidavit
B Singh
(Querist) 07 April 2013
This query is : Resolved
After the death of parents brother filed civil suit (Permanent Injunction) on the basis of an affidavit signed by all legal heirs that they have no objection in giving him the property. The affidavit date shows of late almost 20 years back which shows the stamp attested from Oath Commissioner whose name and number is not mentioned on the affidavit. On the affidavit it reveals my name written in my own handwriting but not my signatures since prior to this issue of affidavit date my signatures as on passport and driving license and bank account are same as on date today also. Although the property is duly registered and mutation done in Tehsildar Office on all legal heirs since parents made no will. The civil court had also passed the Status Quo and advised not to sell or dispose off the property till final decision. Kindly advice me that how can I prove that on the affidavit it reveals my name in my handwriting and not my signature and when I had not signed any such affidavit of late 20 years back. Can any police complaint be filed in this matter or approach the higher court since there is also danger to my life since I had to attend court from far place due to my job purpose.
Raj Kumar Makkad
(Expert) 07 April 2013
Your case is very simple. don't make it so complicated. You all got right in the property only on the demise of your parents so even if the affidavit pertains to 20 years old bearing signature of all brothers and sisters relinquishing their rights in the property in favour of your brother, it has no value in the eyes of law. Neither you all were owners at that time nor property gets transferred merely on affidavit.
So a futile excercise is being made by your brother. Even if you want to pressurize him, file a police complaint and an application under section 340 Criminal Procedure Code before the same court wherein your brother has filed the suit. Consult your lawyer.
Devajyoti Barman
(Expert) 07 April 2013
Yes you can file complaint to the Police for forgery and fraud .
You lodge protest notice in the Tehsiladar office as well.
H.M.Patnaik
(Expert) 08 April 2013
Experts here have answered adequately.
Adv k . mahesh
(Expert) 08 April 2013
file a forgery of your signature before police and what about others brothers signatures also forged or they have signed
prabhakar singh
(Expert) 08 April 2013
Do all that is advised.
Moreover any affidavit is not the right document to surrender or relinquish share in any immovable property.
ajay sethi
(Expert) 08 April 2013
agree with experts .
B Singh
(Querist) 08 April 2013
I fully agree but the process in court can take years. Is there any way an early hearing can be done in the case. The name written on the affidavit is in my handwriting but not my signatures. I think by some crook or hook my brother might have made me written my name on the affidavit. Whereas signature written in a distinctive way as a form of identification or authorisation. Further do I need to file complaint in police or should I file in court.
Raj Kumar Makkad
(Expert) 08 April 2013
We have already advised you amply and now you require to take action only.
Sudhir Kumar, Advocate
(Expert) 09 April 2013
even if you file criminal case still procedure of signature matching will be there. Since the document is already in court custody the police will not take pains. You have been advised of easiest way.
B Singh
(Querist) 09 April 2013
Thanks alot for your valuable advice. Further my advocate has filed another case also suit for separate partition / possession as my name is duly shown / included in Jamabandi / mutation. Is this appropriate to file this present case. Although my case is very genuine and very true and due financial status I am not in position to afford famous and big Lawyer as my brothers are affording. But I have full faith in the Court of Law that justice will be given at last.
Raj Kumar Makkad
(Expert) 09 April 2013
Your lawyer is best judge in your case and the direction of your litigation is accurate. You need to trust over your lawyer. No heavy weight lawyer is required in your casei
Sudhir Kumar, Advocate
(Expert) 10 April 2013
if you are not able to afford lawyer then apply for legal aid. For challenging authenticity of your signature you do not need a very senior lawyer.
Devajyoti Barman
(Expert) 10 April 2013
without seeing all the case papers we can not advise properly.
You better consult advocate.
