How i defend the case.
Querist :
Anonymous
(Querist) 15 November 2011
This query is : Resolved
Sir,
I am in the possession of 12 Acres of land for which I have a valid document for 10 acres. The rest of 2 acres of land is in my un-authorized occupation since 13 years.
Now some body is claiming the said 2 acres, stating that he has an un-registered Sale deed which was executed by the GPA holder of the actual owner of the said land, 11 years back. And also the same was validated in the year 2010, after paying the required registration fees and penalty. Basing on this document, they are going to file a civil case against me for the recovery of 2 acres of land. Actually, the real owner of the said land was died 2 years back. As of my knowledge, this document is purely a concocted document.
In such a suit, (1) shall I send the document to Forensic Lab for its genuinity (2) And also shall I file a forged case against them. Plz. Clarify.
ajay sethi
(Expert) 15 November 2011
the claimant will have to prove sale deed was validly executed by GPA holder of actual owner of said 2 acres of land .
as on date no case is filed . burden of proof is on claimant to show that document was validly executed . if document is forged you can challenge the genuineness of the same .
no need to file forgery complaint against them
Rajeev Kumar
(Expert) 15 November 2011
I agree witi mr.sethi
Rajeev Kumar
(Expert) 15 November 2011
I agree witi mr.sethi
Sailesh Kumar Shah
(Expert) 15 November 2011
Engage lawyer, and enquire about document in Sub-registrar office.
Querist :
Anonymous
(Querist) 16 November 2011
Sir,
Thanks to all the above respected exsperts, but I need to further clarifications, So plz. suggest me suitably.
In continuation of my above query, which was posted on 15-11-2011, I need to clarify this doubt.
I came to know that the other party has obtained an-un-registered Sale Deed on a old dated stamp paper (2002) and he got obtained a signature of the GPA holder on the above stamp paper in the year 2010 and duly validated above sale deed after paying the necessary fees and penalty as the actual owner died 2 years back.
Can I ask the court to send this document for Forensic Lab to verify whether the signature of the GPA holder was not signed in the year 2002, by identifying the ink and it is sure that the signature of the GPA holder was made, after the death of actual owner?
