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KANNAN (SOFTWARE)     11 May 2023

Forged document

My Father bought a plot and wrote on my Mom Name in 1969 and she got patta on her name longtime back. Now she wanted to do settlement deed on her children. For which we applied for EC. To Surprise we see someone sold it another person. We got CCopy and saw someone had put some signature as if my MOM and sold. Not sure how to proceed. All original Parent documents are with us only



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     11 May 2023

You can collect the records and other the details relevant to the property and forged sale papers, file a suit for declaration against the person who impersonated your mother and sold the property fraudulently, include the subsequent purchaser also as necessary party and file a suit for declaration of title, cancellation of sale deed and for possession, if possession is not with your mother.

Sudhir Kumar, Advocate (Advocate)     11 May 2023

go to police.              

Niharika Lohan   12 May 2023

Hi Kannan, I'm Niharika, a practising Advocate. I've read your query and here is my take on it. I hope it will be of use.

 

In the present case, you have both Civil and Criminal remedies available to your resort.

Firstly, you can put the criminal law in motion by the virtue of sec. 467, IPC which provides punishment for forging documents like valuable security or will. Additionally, I would want you to know that Sec 467 is a non bailable offence (Which implies that the accused shall not get bail as a matter of right and its shall be the discretion of the Court, which makes things tougher for the accused)

 

Secondly, you can take Civil actions as well.

 

First of which is you may sue under sec. 31 of Specific Relief Act, 1963,  which provides relief based upon protective justice and upon the idea of quia time (for fear) or apprehension  that if such instrument (in your case, Will) is left oustanding, it may cause you serious injury, then a suit for cancellation of orders by Court of competent jurisdiction may be filed.

 

Another Civil remedy is seeking a temporary injunction under Order 39 of CPC. Injunction in lay man terms means, getting an order by the court which directs somebody to do or not to do a certain thing. If you fear that the said property in dispute might get wasted, disposed off, alienated by the other party then you may seek a temporary injunction.

 

The Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the Court thinks fit, until the disposal of the suit or until further orders.

 

I hope this information yields fruitful to you and in case you require further guidance, you can contact me via email at niharikalohan@yahoo.com

 


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