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Author Topic: Forgery, sale deed executed on behalf of non-living person  (Read 203 times)

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Offline charms

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Forgery, sale deed executed on behalf of non-living person
« on: August 24, 2016, 10:52:25 AM »

My father passed away in 2000 and my question is about 2 specific properties where my uncle (father's brother) defrauded me. (My father had a lot of properties in joint ownership with my uncle and my grandmother. I did not go after him until now since I had to start my life from scratch and since my grand mother was alive until recently, my uncle was demanding to do 3 shares of all properties and he'll take my grand mother's share after her death. So I waited until her death and also get my own life settled).

2 Properties in question (All proofs obtained from city's property registrar):
1. A shop which was solely under my father's name until his death. My uncle created a 'sale deed' as if my father was alive and selling it to him. The sale deed was created 15 months after his death, with my father's forged signature on a stamp paper bought 12 months after my father's death. I understand this should clearly be a fraud and a punishable offense.
2. A factory/ business which was joint owned by my father and uncle. 2 weeks after my father's death, a partnership deed was executed to make my mother as the joint owner. 5 months after this partnership deed, my uncle forged my mother's signature and 'retired' by mother from the partnership and put his wife's name as his partner. This partnership deed was done in year 2000 and I came to know now when I obtained all documents from the property registrar (land deed) and registrar of firm (for partnership deed).

What should be my course of action for this situation? I'm not going to produce any false documentation, nor any false accusations, all I'll produce is official property deeds from city registrar, my father's death certificate and anything else the court needs. I just want my uncle in jail and my rightful properties back. One disclaimer is that me and my mother are now settled in USA and I've given a power of attorney to my mom's brother in India who's ready to help take this case forward. We're fine to make a trip to get this case started, but would not be practical if we need to attend all hearings (if they happen frequently). And can a police case/ FIR/ court case be done using a power of attorney or not?

Thank you for any help and advice.

Offline advjaibansal

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Re: Forgery, sale deed executed on behalf of non-living person
« Reply #1 on: August 29, 2016, 05:39:10 PM »
Dear Sir,

You can file a complaint directly to the concerned police station or through authorised person. criminal complaint for cheating and fraud with forgery.

Please do file a civil suit for declaration for declaring these documents null and void. If you don't have the possession then also seek possession.

jai bansal
Advocate, New Delhi
Supreme Court of India
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