(Guest)

Fraud documents

1) Some people went to register office , All Dummy A B (buyers) C (Seller) . All Proffessional Criminals they did flat registration agreement

2) After this registraion they approach bank took loan and tried to disappear

3) Flat owner moved to Concern Police Dept. FIR filled , Charge sheet filled in Court and Criminal case pending, All are in custody some are have secured bail. (Sorry weak in criminal Procedure so please adjust with wrong words)

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Question

1) If accused are convictied , criminal court held that document is frogery then what is validy of that document

2) If accused are not convicted then what is validity of those document

3) How to get those documents declared invalid , so no future liability is on real owner or misuse is not directly affected on him

4) There is bit confusion in my mind. Specific Relief Act Chapter V states Cancellation of Instrument registered.

5) Now Criminal Proceeding going on , What about this document ? How to get it cancelled and make title clear. Whether Criminal matter is enought , or additional steps under Specific relief act to be taken

6) When limitation act period starts in this case

7) Means myself confused where there are two ways to prolem ,1) IPC, CRC and Specific relief act, CPC

8) Please give your valuable input with reference to Court Judgement so I can understand what process others took in such case

Reply Follow

1 Replies

(Guest)

Sec 31 of Specific Relief Act states

31. When cancellation may be ordered

(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.

(2) If the instrument has been registered under the Indian Registration Act, 1908, the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.

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But my problem is that of Court fee under court fee act. It was easy to move