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soumya (SE)     01 February 2012

Took signature by cheating!

Hi,

My father and grandfather had properties. They passed away. My mother is writing all that property to my brother i.e her only son. My brother cheated me by taking my sign on papers mentioning that I am willingly giving all the property to my brother. But I dint willingly sign on those papers. What can I do now? Can I claim my share of property now? Can I get share in that property ??



Learning

 14 Replies

sridhar pasumarthy (ADVOCATE)     01 February 2012

Dear Sowmya,

What is the document on which you put ur signature and where?

Is it a blank paper or written?

Is it a stamp paper or white paper?

soumya (SE)     01 February 2012

Hi Sir,

They took my signature on a blank stamp paper and they have later written that I am willingly allowing them to take all property. It was a stamp paper.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 February 2012

you are not a child there must be some greed.

sridhar pasumarthy (ADVOCATE)     01 February 2012

Do you have the copy of that document?

How can u say that later they have written that u have allowed him to take all the property?

soumya (SE)     01 February 2012

Hi sir,

There is no greed here at all. They called me to sign as witness for some land sale. They added blank 20RS stamp papers in between. I dint know that before that I signed on blank papers and after 20 days , my relatives came to know that. I verified and it was true.

soumya (SE)     01 February 2012

I dont have a copy now. I am getting them through courier. I stay in bangalore and all this happened in Rajampet, kadapa Dist, Andhra Pradesh.

I asked my uncle to verify it. He said that , they have written that I am willingly giving all the rights on my grandfather's property and father's property to them.

sridhar pasumarthy (ADVOCATE)     01 February 2012

Dear Sowmya,

Simiply because a document is written mentioning that u have given up all ur rights in certain property and signed on it does not extinguish ur legal rights over the said property.  To become valid, it must be registered. So, u need not worry.

Anyhow, send me the copy of it after u recieve it.  So, that i can give u correct reply.

soumya (SE)     01 February 2012

Hi sir,

The document is registered . That is why am worrying. I will surely send you the document but is there anything that I can do before that??

sridhar pasumarthy (ADVOCATE)     01 February 2012

Dear Sowmya,

Your story is not believable.

When u are saying that u have signed merely on blank stamp papers, then how the document was registered without ur photo, thumbimpression and signatures before sub-registrar.

soumya (SE)     01 February 2012

Hi Sir,

I dont know the actual procedure how they register a document. But I only signed in tha papers. They neither took my photo nor asked for thimb impression. I came to know that document is registered. Registraion happened only after I came back. Can this registration not be done without thumb impression and photo of mine.

NOTE: They only wrote that I am leaving my rights on property, they dint register any property on my name.

Shantilal Pandya ( Advocate)     01 February 2012

 if you  are really  turthful  for the  fact  that  you never signed that  document  knowing  it  to be   a  document  for  what it purpots  to be, you  can  certainly and  successfuly file  a  suit  for   claiming  your  share in the  property  along with  a prayer  for  cancellation of  that   document on the  ground  of  obtainng the  same  by   practicing  fraud  upon you , for that purpose  S 33 of the  specific  relief  act  would  enable you  to  do  so 

Shantilal Pandya ( Advocate)     01 February 2012

you  can  also  resist  any action   filed against you  on the  strength  of  that  forged  document    but you  should  act  before  time  for   fiing  suit by  you  runs  out !

Ashish Chakravarty (Advocate)     01 February 2012

If it is possible kindly upload a scan of the document in question on this thread so that the picture gets more clear. Registration requires your signatures, impressions of all your fingers, attending the office of sub registrar, clicking of pics and some more signing. Did you do all that, if not then in all probability the document is not registered or if it is registered it may be forged. What exactly is the nomenclature of the document in question? Is it possible that the stamp paper was used in an affidavit to get the name of your relatives mutated ? If that is what have happened then it is not registration. Do post a scan so the people here get a better understanding of the matter in hand and advise accordingly.

Elavanatt Rajesh (Practitioner)     02 February 2012

given in detail, what were the documents u have signed, as it is anscestors property, every legal member of the family will have the right to enjoy it.   come with complete detail


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