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Madhan (MD)     13 July 2013

Forgery by father's brother

Grand father has 6 son's A,B,C,D,E,F respectively(Grand Father was passed away long before).

All six did business in partnership. They purchased many properties. Their first property was brought under the name of every one(A,B,C,D,E,F collectively). Due to some un avoidable circumstances B came out of partnership. (With out any settlement) But C,D criminally (Threatening to stop marriage) got signed from B they have paid settlement of so on so ruppees in the event of B's Daughter's marriage. There by B signed document from retirement from partnership with settlement .(But Settlement was never a true).

What can "B" do in this regard? Kindly Advice. This incident was happened 10 years before.

After coming out of partnership one of the land which they brought under everyone's name was brought under civil court for partition. The case was judgemented and decree was passed in 2005 by Meomo of comprimise among all the brothers. But before the judgement is passed C & D again criminally tried to get B's share of Land by saying will give fee's for B's son's study only when 2 ground of B's share is registered to them and they wrote and agreement and tried to register that agreement mentioning the case was running in court for this. When the judgement is passed B has to give 2 ground to D & G (1 ground each, G-- is an new entry into picture who is cousin of A,B,C,D,E & F). But registrar said that document can't be registered.(While civil case is running).

Then time passed by and judgement passed in that case and every one got their share (In 2005, by Compromise memo). "B" got registered his share under his Wife's name and patta also brought for that. (In 2007). Now when "B" tries to enter into the land(In which factory is running, while "B" Share is vacant land inside the compound) Here C & D criminally did alteration in the agreement which they tried to register at register office in 2004 (Which we haven't signed). They did forgery in the document and did lot of alteration to it and applied for injunction in city civil court when we tried top enter the land.

What can be done in this regard?.

Can we take possession of our land. Total land under our name is 4 ground. As per the forged agreement they said we have delivered the 2 ground of land to them (Which was by hand written/over written to the agreement document). 

Can we take possession of the land? (If they have applied injunction for 2 ground, anyway we have 2 more grounds)?

 

Kindly guide/suggest in this regard.



Learning

 2 Replies

Advocate Ravinder (Advocate/Attorney)     14 July 2013

You have to implead into the suit which CD had filed for injunction.  You have to get the injuncation vacated, then you can enter into the land.  If the CD creates any problem, then you can take police protection from the court.  

 

Then you have to file a criminal case against CD for forgering the agreement of sale.  As you have already entered into agreement of sale in respect of 2 ground of land, you cannot claim this portion.  But you can claim another 2 ground.  

 

As the CD had committed forgery on the Agreement, there are chances that you can get even that 2 ground portion also, because once the document is tampered, the court will come to conclusion that the agreemtn is obtained under pressure and may grant that 2 ground to you.  

1 Like

Madhan (MD)     14 July 2013

Thanks for your reply sir. How long it will take to complete this case if we file a suit (Forgery). Do we have to apply this in lower court or high court (Is there any possibility of speedy judgement from high court)


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