Validity of stamp paper

srinivas (Querist) 06 July 2011 This query is : Resolved
I am facing a problem with my uncle who is threatening me that he got posession of my father in law's agriculture land and showing a unregistered stamp paper dated 1992. My father in law's signature was done forgery. After my father in law's death (2009), he is showing and even gave a paper ad stating that he is having all rights on that land. Actually every record in the revenue department was changed in to my wife's name including patta passbook and others. How can i restrain him by filing a civil case because of this forged,unregistered and outdated and created stamp paper. Because i fear that if a civil suit is filed it may take many years for settlement. Today i got injunction order restraining them to enter into our land. Please help me by all yours valuable advice. Please let me know the validity conditions of an agreement of sale (unregistered)

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S. Bharath (Expert) 06 July 2011
You have already initiated the litigation and also obtained injunction; now go by what your advocate advises and seek your clarifications from him. Seeking views from several professionals especially at this stage may not be desirable.

adv. rajeev ( rajoo ) (Expert) 06 July 2011
Without civil court decree you cannot do anything, Civil courts have got right to declare you as owner . If your uncle is ready for compromise then you go for it.

n.k.sarin (Expert) 06 July 2011
In my view there is no need any declaration from any court. All the documents is in you wife's favor and record is already changed in your wife's name,so your wife is exclusive owner of the same.
As far as unregistered stamp paper is concerned no right can be created in favor of your said uncle. you also got injunction in favor of you which is wise step. There is no need to fear. your said uncle cannot do any thing legaly.

Guest (Expert) 06 July 2011
Uncle is having unregistered stamp paper and you have got injunction order restraining them to enter into our land and every record in the revenue department was changed in to my wife's name including patta passbook and others. That's a plus point for you.
And yes, your wife is an exclusive owner.But remember if uncle files a case then contest the case (all the legal points is in your favor)

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