Forged conveyance deed
sudhakar
(Querist) 30 June 2013
This query is : Resolved
sir
would like to know if a conveyance deed is made on a 20 Rs judicial stamp paper , does it become a valid documents that can be registered , as we have been cheated by our flat tenant who has created a conveyance deed with a forged signature of my mother on a judicial stamp paper and the society has transfered the share certificates in his name with out informing us in the year 1994 .
please advice
ajay sethi
(Expert) 30 June 2013
document appears to be grossly understamaped and is inadmissible in evidence . how can you make sale deed of flat on RS 20 stamp paper . if your mother signature has been forged lodge police complaint against teneant . when was forgery discovered ? how is it possible that society transferred flat in name of tenant without prior consent of owner .
prabhakar singh
(Expert) 30 June 2013
Firstly such deeds can not be on a 'judicial stamp paper'
secondly it is case of under stamping.
Thirdly society ought not to have transferred shares in tenants' favor without existence of any inter vivos registered transfer deed.
Check y laws of CHS about procedure laid there for transfer of share certificates.
Besides criminal action a lawsuit is also required in your case.
Get in touch of a lawyer.
Rajendra K Goyal
(Expert) 30 June 2013
Agree wit the expertsajay sethi ji and prabhakar singh ji, nothing more to add.
sudhakar
(Querist) 30 June 2013
Thanks all for your valuable advice , i would also want to know that what further steps has to be taken , as the police is not registering any offence. instead they are telling us that you have sold the flat and he has all the valid documents and also he has paid the stamp duty for the same ,I dont understand why the investigating officer is not able to understand those paper or may be they are fooling us . we any how managed to get those Copies after filing an RTI and the investigation was closed with out proper interrogation and they recorded my tenants statement with all false information .My query is can I file an FIR against the tenant and what steps do i need to follow. although my advocate is filing a Private criminal complaint and directing the police for detailed interrogation .My Question is Am i following the correct steps or do i need to take some other steps .OR do i need to file a Civil suit for the possesion of the flat.
Raj Kumar Makkad
(Expert) 30 June 2013
The step being initiated by your lawyer is perfect. If police is denying to lodge FIR, it is necessary to file criminal complaint but you are also advised to file a civil suit side by side.
sudhakar
(Querist) 30 June 2013
Thanks to all of you for your valuable Suggestions.
sudhakar
(Querist) 30 June 2013
Mr Ajay sethi sir the forgery was discovered last year when we filed a complaint against the tenant , every time my mother used to tell him to vacant the flat he use to threaten my mother that you have sold the flat to me , also the Society chairman and secretary were very rude to my mother,they said that my mother has given an no objection for the transfer of the flat and the shares certificates were transferred in his name which we are not at all aware of ,So we hired a advocate to file a criminal complaint against him and the Society chairman and Secretary.
thanks
prabhakar singh
(Expert) 30 June 2013
Your limitation is running for suit since the date of discovery and would expire completing 03 years and no condonation would be available at all.Hence do not ignore CIVIL SUIT ADVISED .Get IN TOUCH OF A CIVIL LAWYER.YOU DO NEED TO FILE A SUIT.
Raj Kumar Makkad
(Expert) 30 June 2013
If the fraud was detected last year then you have still limitation but move ahead very fast as advised.
sudhakar
(Querist) 02 July 2013
Thanks Raj kumar sir
we have filed a criminal complaint yesterday. and the case has been admitted , just one more question i wanted to ask was ,in the year 1994 was it mandatory to add the photographs in the conveyance deed with the signatures of both buyer and the seller , OR was it different from the current procedure to transfer the property.
thanks
ajay sethi
(Expert) 02 July 2013
file civil suit immediately . the document which was under stamped could not have been regd . it appears society is hand in glove with the tenant
prabhakar singh
(Expert) 02 July 2013
Do not waste your time unnecessarily and consult a civil law lawyer of your area to file suit advised else you would get hangedup.
sudhakar
(Querist) 28 February 2014
Sir
I need a Co operative housing society lawyer to handle my case ,
sudhakar
(Querist) 28 February 2014
Please suggest lawyer from thane or mulund
thx
