Cancellation of fraudulently created documents

b B Raju (Querist) 03 June 2016 This query is : Resolved
Sir,
We are three brothers and by way of unregistered memorandum of under standing partitioned our late fathers property. Recently my younger brother claiming himself is the only son of my father created a false partition deed document and got registered in the sub Register office and grabbed my share of property. Aggrieved by his action I filed a criminal case in the court and the same is pending. I also complained to sub registerer. Some advocates suggested that I have also to file a civil suit for cancellation of the documents by paying heavy court fees for no fault of mine.
Some legal experts also suggested that I no need of paying court fees for cancellation of documents suit as per supreme court judgement reported under ALD2010(5) page 94 which reads as WHEN A PETITIONER IS NOT A PARTY TO THE FRAUD DOCUMENT NO NEED OF PAYING COURT FEES.

Can any expert can clarify whether my case can be covered under this judgement or any other judgements can be referred or any other alternative remedy is left to me to save my properly without much expenses
TQ
B B RAJU

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Kappil Cchandna (Expert) 03 June 2016
Sir,

U have to file the case for cancellation of the document, I am infact working on three cases where in the same issues has arisen. You can avoid the court fees if you satisfy the court as an Indigent person.

Warm Regards
Kapil Chandna Advocate
9899011450