Forged property paper

This query is : Resolved 
 

(Querist)
02 February 2019

My brother has fordged release deed in my and mother name without our knowledge.he had pledged the property in two banks using forged documents.After my brother death we could recover from one bank through insurance and now the second bank has taken the position forcefully inspite of having fake documentation and auction the property. I have filed a civil case but still I have not received stay order.i am looking forward to file a criminal case against my bank Kindly help me.


sridharan (Querist)
02 February 2019

Fake documents

sridharan (Querist)
02 February 2019

Forged property documents

N.J.S.Rajkumar alias narasimha (Expert)
02 February 2019

" A person litigating over a Civil matter could file a Criminal complaint also" Said by Supreme Court Bench of Justice M.B.Shah and R.P. Sethi

P. Venu (Expert)
02 February 2019

Facts posted are insufficient to offer any meaningful suggestion. Are the relinquishment deed registered? What is the context for such deeds?

kavksatyanarayana (Expert)
02 February 2019

Yes. State facts. The person who forged document (release deed) died. Did you not receive the notice from the Bank that they are going to auction the property? Is your brother married or not?

Dr J C Vashista (Expert)
03 February 2019

You may file criminal complaint, but can not be against a deceased person.
However, a civil suit may be instituted against him (thorough LRs) for cancellation of RDs.
What is the opinion and advise of your lawyer engaged by you ?

N.J.S.Rajkumar alias narasimha (Expert)
03 February 2019

Even if the accused is no more the criminal complaint could be made to seek the remedies for the criminal action of the deceased please.

Vijay Raj Mahajan (Expert)
03 February 2019

Firstly the civil court will decide if the said released deed was forged or not, if the civil court comes to conclusion that the document was fake or forged, after that only any criminal complaint for use of the forged document can be made out.
The bank never checked the veracity of the document in question and went ahead with all the activities, this seems most unlikely unless the officials of that bank bribed for ignoring the scrutiny of that document from the office of Sub-registrar as that concerned immovable property. No doubt criminal complaint against those bank officers involved in illegal activity along with your brother is prime facie showing but as mentioned, let the final decision of civil court in this regard come before moving criminal complaint.

Bhaskaran Advocate (Expert)
04 February 2019

The Bank might have filed for recovery in a DRT court, You can file a complaint against the bank with your local police or Commissioner. The police will ask the bank to sort it out in court and not to disturb you. You need to object the auction as an objector impleading yourself or as a respondent if your name is already there. And then if the amount is less then 10 lakhs only a civil suit will lie.

P. Venu (Expert)
04 February 2019

The proposition that no civil suit will lie if the amount is more than 10 Lakhs appears to have no basis in Law or its procedures. The learned expert may kindly enlighten.

N.J.S.Rajkumar alias narasimha (Expert)
04 February 2019

This thread is to help and sort out the query of the concerned Querist only. Any Other person having his own doubts and need clarification could/should post it separately with out disturbing this thread please.

Bhaskaran Advocate (Expert)
09 May 2019

To my collegue Venu: It is with regard to Bank. A Bank will approach only DRT to recover money but if the amount is less then 10 lakhs it can only approach Civil Court.



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