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peter (business)     30 November 2008

Legal Status of a Sale deed made on back dated stamp paper?

Hi Friends,
If a Sale deed is made on say 15th march 2007 and the stamp paper shows the date of sale of stamp paper also as 15th march 2007 but investigation reveals that the said stamp paper was not even printed in march 2007 but was issued from the treasury office only in December 2007.
What is the legal status of such a Sale Deed and where all can it be challenged?
Regards


Learning

 6 Replies

Sushil Kumar Bhatia (Advocate)     30 November 2008

Dear/


          Your concept is not clear sale deed made and executed or registered on 15/3/07 and stamp issued on 15/3/07 and your next problem the stamp were issued in december 2007,how it is possible .It seems the forged sale deed was executed on 15/3/07 as back dated stamp purchased after the month Dec/07 if proved the sale deed can be declared null and void &cancelled through civil suit and a criminal case of forgery can be filed.

K.C.Suresh (Advocate)     01 December 2008

Mr. Peter Descriptive querry required to form an opinion.

majeti (advocate)     01 December 2008

mr. peter, the sale deed is registered or not.  some times there are chances for preparing sale deed by putting back date, but it cannot be regd. If you are confident that the stamp paper issued in December,2007 - you can take criminal action

majeti (advocate)     01 December 2008

mr. peter, the sale deed is registered or not.  some times there are chances for preparing sale deed by putting back date, but it cannot be regd with in stipulated time of four months from the alleged date of execution, if the stamp paper issued in the month of December,2007 . If you are confident that the stamp paper issued in December,2007 - you can take criminal action in addition to file a civil suit as advised by mr. Susheel.

peter (business)     29 March 2009

Dear Friends,


The Deed shows a date of exectuion of 15th march 2007 and whereas it was registered SINGLE PARTY on 1st january 2008 by making a deed of confirmation. When the matter was investigate it showed that the stamp paper bearnig the date f 15th march 2007 was not even printed in that period but was sold to te issuing bank only in december 2007. Means the paper was not in existence in march. I hope it clarifies please provide your inputs...can we charge the bank also of criminal actions for issuing back dated stamp papers?

Prabhat Kumar (Advocate)     30 March 2009

It is not possible to execute  a sale deed on a paper which was not in existence at the time of execution of sale deed. so it appears that a high degree of manuplation of sale deed is made and it has got no legal status being a fabricated document.


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