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JAI Shankar (prog)     27 October 2017

Case against fake document

My father registered a partition suit against his bother and the one who purchased the ancestral property with out the knowledge of my father in 2006(OS.09/2006). By the time the judgement came my father expired (2010)decreed in our favour to take the share in the property. After that when my mother , sister went for Pooja in the place some how they took signature of all of us on blank sheet and they started asking us to compromise in the appeal case (RA.06/2011) to give our shares to them only. When we denied they registered the case against us in 2011 (OS 265/2011) creating a fake notarised document on which we have signed. Meanwhile we registered the FDP based on OS.09/2006. Now the case OS 265 judgement has came in 2017 stating that we are not supposed to interfere in the property until we are place demarcating by FDP OS.09/2006. Now again the opposite party is going for appeal (RA 3/2017). My question is now can he 1. Stop the proceeding of FDP 2. Can I register a case against for creating a fake document. 3. What legal action I can take. 4. Already we are wasted 7 year s for this case. Again appeal me again time is wasted. 5. He take the income form the property 6. Am spending money on the case.. Please guide me.. My advocate say RA is related to same case property so FDP proceeding my be delayed.


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 2 Replies

Siddharth Srivastava (Advocate)     27 October 2017

1. Filing of case is a right of person so no court can grant any relief in this regard.  So you have to contest the case. 2 &3. Yes. Report the matter to police and also file suit for declaration and permanent injunction. 4.. You have to follow legal [procedure to fight for your right or forget your rights. As such pursuing case id not wastage of time. 5. You can file suit for rendition of account where you can seek direction for deposit of the money in court and the same be released on adjudication of the case.

Nitish Banka (lawyer)     27 October 2017

File suit for declaration and permanent injunction


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