Non availabilty of Document writer (since Deceased)
Querist :
Anonymous
(Querist) 15 July 2011
This query is : Resolved
I request the Experts when Document writer dies how to establish the witness of document writer
we have a special Power of attorney to sell property. The Document is materially altered due to our negligence. The beneficiary has altered the quantum of land. we noticed it after 15 years. mean while the buyer who has alienated the extra property has sold the land to third party.The Document writer has not put any observations in the that some changes in the document. He is no more.
A Special power of attorney issued by my brothers and father in my favor. we have sold 2.35 ac of wet land to our uncle with an intention he can do cultivation if we sell it to him. We have ac7.35cents of agricultural property. my father got it under partition deed with his brothers.At our uncles request we have sold Ac.2.35 cents. Due to our negligence we have not mentioned schedule of property in words but mentioned in figures Ac2.35.After registration of Ac2.35 cents with SPA another document also arranged and registerd on next day by my uncle for Ac1.00 as the land holdings to sell is materially altered in figures from 2.35 to 3.35.
The witnesses for registration are same persons who has witnessed the document executed by me.On that day I am at work place.
We have noticed this when we tried to sell remaining Ac5.00 to public.Mean while my uncle sold his land holdings to some body. The same person wants to purchase our land and said he has purchased it from my uncle. The truth has come out during our discussions for negotiations.The second document for ac1.00 is forged as my signature is forged. in the circumastances what is recourse to us. The original special power of Attorney is with present land holder. It shows clear alteration of acreage to be sold.The document writer os no more and we cannot prove as we are not having photo copy of SPA with us. how to solve if criminal proceedings are initiated as executor of document(seems to execute) how far i am liable.Do we have chance
Querist :
Anonymous
(Querist) 15 July 2011
It is not resolved please
Raj Kumar Makkad
(Expert) 15 July 2011
You shall have to do 2 proceedings at the same time. One is to lodge FIR under section 420 IPC against your uncle and all persons involved in fraud. Second is to file a civil suit seeking seeking aside of all illegal acts/documents like forged SPO, further registered sale-deed etc. and further to declare you as owner of that land.
So far as evidence is concerned, you can seek production of SPO under the provisions of Order 11 of CPC. Document writer might have also wrote various documents elsewhere. That record/documents after due study, may be got summonned and through an handwriting expert, disputed writing can be got compared.
