How can we sue the person who forged oour signature?


We are 4 brothers are 3 sisters. After the demise of our father our sisters had gifted their share of land to all of us. Now we brothers wanted the partition. Our eldest brother had passed away 15 years ago. So we are three brothers now. Our 2nd number eldest brother did a fraud with us by filing a partition suit that we all will get land at all locations equally but now we two younger brother didn't get the land on road which has five times more value than others. We just signed the partition deed and 2 more times for the hearings and then he told us that no more hearings required. whereas after that he put we two brothers' signature 2 more times without our knowledge and ensured the partition happen in his favour. Now i want to ask if we can sue him over this matter and what is the procedure to do that? Thanks
 
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Advocate

Pl confirm that you are fighting the case personally without the help of any Advocate.

 
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Retired employee.

Query lacks clarity.  If the forgery has taken place in court proceedings, obtain certified copies and then file petition for reopening the case as fraud can be challenged at any time in any court and as fraud vitiates all acts.   Also file criminal complaint in jurisdictional police station on such forgery.

 
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Right now i am just gathering openions of legal persons so that i can be sure about the procedure. I have not filed a case yet.

 
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Your case is fit for action under section 420 & 120B of IPC. But Don't forget to respond Learned Advocate R. Ramachandran's query, he may add something better.

 
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Legal Consultant

Dear Parvesh,

Consult a local Lawyer with all papers related.

It is tough for you to fight in the court without the help of Advocate.

 
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You can book your brother for forgery u/s 463/468 as a criminal law remedy...also you can challenge the order of partition that has been taken by fraud ..and get it recalled as a civil remedy
 
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