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Author Topic: Uncle forged signature of my father after his death  (Read 1645 times)

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Offline charms91

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Uncle forged signature of my father after his death
« on: June 03, 2016, 10:18:03 AM »

Any advice would be appreciated for a forgery and criminal case I'm building against my uncle.

Background: My father died in road accident in 1999. He jointly owned with his brother these properties in Gujarat (All values are current values):
1. 1000 Sq. Yard. Manufacturing Factory (now closed, property remains). Deed on name of my father and uncle as joint owners. Value - 5cr
2. 45 acres land. Separate deeds on name on my father and uncle. Value - 3cr
3. 2 shops in commercial complex. 1 with deed on my fathers name and one on uncle's name. Value - 40 lakhs each
4. 1 500 Sq. Yard. Bungalow (with we living on ground floor and him on 1st floor (with separate entrace) - Deed on my father's name originally. Value - 6 cr

Other assets in question:
1. Business bank accounts in SBI - joint owners
2. My father's PF account in Bank of Baroda
3. Electric connection, telephone lines, etc on name of my father.

After my father's death - I was in school and my uncle deprived us of any assets and income. We had troublesome days and my relatives funded our household expenses and my education and all. My father earned all of this properties by his own sweat, and my uncle was merely a book-keeper. The whole town knows good deeds of my father and my family and even today when I go there everyone has tremendous respect. After demanding my father's share back then - he said my father owned him undocumented money (false) and he would pay me 3.5 lakh rupees cash and he'll take all of the properties (He also took 96 lakhs of undocumented cash money from past construction business income, I cannot go after it since it was undocumented). So all said - we lived with 5000 Rs. of loaned money every month and he lives a lavish life, had new cars every year, centrally A/c house, etc. with no income since my fathers death (factory closed, he did not do any work since then) - basically just lived on interest income of the undocumented money.

Now - me and my mother moved to US after my college education and I've been able to restablish myself and I've decided to go after my uncle for my assets.

Upon inquiry for gettings registered copies of all property deeds from city registrar office - we found that he did property sale transfers from my father's name to his name using forged signatures.

These are the official verfications I already have:
1. He forged signature on a stamp paper bought in year 2000 (a year after my father's death) - and did a property sale transfer of 1 shop from my father's name to his name. I've cerfified copy of this deed from registar.
2. Same as above - he did property sale of our factory from my father's name to his name (I'm waiting for certified deeds from registrar).
3. He transfered my house from my father's name to his name on deeds, but my society did not give him a NOC (instead they contacted me in US and I stopped them from doing so).
4. He removed my father's name from company's bank account in SBI and put his wife's name instead (forged signature)
5. He withdrawed all of PF money from Bank of Baroda from my father's account. (I have no record of account details and not sure how I can get to it).
6. He forged signature to transfer utilities and phones from my father's name to his name.

He has done many such things and I assume he's in a tough spot now.

I would like to know from you all on how to proceed with this:
1. I would like to give him unbearable trouble for his life. He should go to jail and his life and family should be destroyed.
2. I have no rush to gain my property and I'm ready to do anything to screw him over for doing all of this to me.
3. How do I gain access to the other documents and forgery he has done without having details about it (like bank accounts, etc)? Can I get a warrant to make him surrender these details or even get it directly from bank/ other offices?

I've not hired any criminal lawyer yet for this. I would like to put every single forgery as a seaparate case and would put a new one every month to get him under bars for the longest period.

Offline advjaibansal

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Re: Uncle forged signature of my father after his death
« Reply #1 on: June 08, 2016, 12:27:28 AM »
Dear Sir,

For criminal offence of forgery, you may file a criminal complaints along with the documents with the concerned police station and if FIR is not registered then you may file a complaint in court along with an application for registration of FIR.

For getting the property back and for cancellation of these sale transfers which happened on the forged signature, you need to file a civil suit for declaration and for getting the possession of the house, you need to file a suit for possession against you uncle if the house is in the name of your father.

jai bansal
Advocate, New Delhi
Supreme Court of India
mobile: 09868566649

Offline rajgopal sripathi

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Re: Uncle forged signature of my father after his death
« Reply #2 on: June 09, 2016, 07:09:12 AM »
It looks like it is a massive scandal done by your uncle thereby depriving you and your family of all of your family properties.

The offences committed by your uncle come under the category of Sec 404, 405, 464,467, 468 and 477 A of IPC .

File FIR in the nearest police station / private complaint in the court for each and every offence

Before you proceed,you should get the certified copies of all the title deeds of all the properties (when it was standing in the name of your father or father and his brother jointly), Legal heir certificate of your father  and file both criminal and civil cases for each of the property.

Hope this helps.
Rajgopal Sripathi

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