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samson   29 June 2016

Guide me what is this status

Dear experts,

highly appreciated if you guide me thanks

well, my father got gifted propertyby gift  settlement deed 8 years ago from my grand father  by a  link document 50 years  which was not registered (came to know when we obtained certified copy from sub register office)

the other party came to know this matter and they filled a criminal case against my father that are forged documnets but they dont have any documents in their favour ...we have paying all taxes since my father came into possesion almost 18 years.. we have Encumbrance certificate which is in our favour since 40 years almost only my grand father no other parties infomartion.. and after my grand father expired we have done rectification deed of  link document number...

because of unregistered link document charge sheet have given in other party favour

and now please tell me can we file petition in high court for quash?  

or any civil case? 

my grand father expired  5 years ago..

what will be the status of case ? 

 



Learning

 8 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     29 June 2016

If you move for quashing before the HC , you shall have to point out certain flaws and drawbacks in the said case which shall make the allegations not amount to the said offences . Otherwise not required . In case the opposite party threatens your right to the said property, file a case of declaration and injunction .

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     29 June 2016

If you move for quashing before the HC , you shall have to point out certain flaws and drawbacks in the said case which shall make the allegations not amount to the said offences . Otherwise not required . In case the opposite party threatens your right to the said property, file a case of declaration and injunction .

samson   29 June 2016

thank you so much for your reply!: ) 

well,what if we file declaration and injuction ? 
 what will be the advantage? already criminal case pending sir..

and sir if we file these case  even opposite party have to submit their  documents against that property we know they dont have any documents..

what next  sir? 

thanks very much sir

 

G.L.N. Prasad (Retired employee.)     29 June 2016

There is no link between Civil and criminal cases.

The limitation period for allegations of fraud commence in civil cases from the date the fraud came into light and for a period of 3 years.

The burden of proof in case of fraud is always on the other party, who alleges the fraud and he has to establish that.

It is very difficult to the other party to establish the fraud, and he may have to pay court fees on the value of the gift deed that is sought for setting aside.

In view of the complications, it is always better to seek an expert Advocate locally as he has to stand by you and guide you as to which step is better.

It is not clear as to which document is said to have been forged and the date of such document and reasons for maintaining silence by the opposite party for all these years.  

In questions of fraud and forgery, every minor detail counts and it appears that member has not come out with full and relevant facts.   A fraud can be challenged any time and the deed so obtained becomes a void instrument.

samson   30 June 2016

they dont have any documents sir..there are pointing errors in document.. and the thing is link was not registered and they are telling this is forged document..but he no were connected to the property

what we can do ? 

G.L.N. Prasad (Retired employee.)     30 June 2016

Please read the replies.  Do not be agitated, as some unscrupuolus persons may try to extract some thing as compromise, if the property is valuable or with other motives.  To establish a fraud and forgery is difficult, and the court takes into consideration the decade old long silence.

When the matter is in court, by disturbing yourself, you lose focus.  Let the advocate proceed on his way.  Without documents filed in original, normally court can not entertain such suits and rejects them at admission stage.  The first principle in litigation is do not underestimate the opponents.

Sudhir Kumar, Advocate (Advocate)     06 July 2016

repeated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=139327&offset=1

Sudhir Kumar, Advocate (Advocate)     06 July 2016

repeated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=139339&offset=1


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