Getting back properties
umang
(Querist) 23 May 2013
This query is : Resolved
we had a bunglow in juhu, mumbai & a 2 storey building in Andheri in the name of our company which had 4 diractors incuding my father & 3 uncles, which were hypothecated with dena bank for a loan,in default bank filed suit with DRT, my father stays in Mathura(UP).my uncles passed a resoloution in the board meeting & authorized one of my uncle to sell these properties by forging signatures of my father in 2004 & sold the above mentioned properties & repaid some amount to bank, the suit is still pending with DRT for remaining dues.when my father came to know about this he spoke to my uncle & my uncle made oral promise that he will give him his share & took my father's signatures on a blank paper.after that my uncle flew to dubai & never returned.my father initially does not wanted to take action against his brother but now he is willing to claim his right. what we can do now? what legal relief we can avail to set aside that illegal act.the properties are as it is i.e. no change has been made to them & no use is being made by the purchaser till date
ajay sethi
(Expert) 23 May 2013
well your father has been sleeping for 9 years ? now that property prices have gone up manifold your father has woken up from his slumber . our father ought to have filed criminal complaint of forgery and challenged sale of properties . the fraud was discovered by your father ages back . yet he did not take any action . now its too late
umang
(Querist) 23 May 2013
Nothing can be done now?
Khaleel Ahmed Mohammed
(Expert) 23 May 2013
Civil suit may be filed for cancellation of forged sale deed. Criminal complaint also to be filed against the culprits.
V R SHROFF
(Expert) 23 May 2013
This being Company Property, and if Resolution of Gen Body authorised the deal, and/ or accepted and minuted the Resolution by board of Director, and informed to Company Law Board, it becomes FINAL.
This being Public Documents, avlb to all members / Share holders of the Company, and no objection raised, there is no room for rectification or chg. However, if you get possession, and retain it till Due Process of Law to hand over it's possession, you can bargain.
Raj Kumar Makkad
(Expert) 23 May 2013
If the presence of ab absenting director is falsely marked by forging his signature then the resolution has no value in the eyes of law. Such illegal act cannot be legalized just by way of passing time. Though your father might have been vigilant and would not have put his signature on blank paper once he had been ditched by his own brothers yet your father can try to agitate for his his legal right.
