Godwin
19 November 2014 at 09:28
Sirs,
A relative (A) had a land measuring over 4 acres. The owner, now deceased, had given a GPA in 1988 while he used to travel overseas, to a close friend (B). However, this friend observing his signatures in the GPA, had made a sale agreement pre-dated by 3 years and 6 months and also had counter-signatures of (A) mentioning 80% of the consideration was made in cash payment. On the day (A) passed away in 2001, (B) brought this particular Sale Agreement and asked (A)'s wife and children to sign the document and (B) was paying the balance amount. The legal heirs however had no knowledge of such transaction or agreement whatsoever. so they declined insisting to show these documents to a lawyer. (B) refused to give a copy or show the agreement to (A)'s family. On the contrary, he filed a lawsuit in 2006 and the court decided the case in (B)'s favor. So (A)'s family appealed the judgment but the decision was upheld by the Appellate despite bringing to the notice of the lawyer that the documents would have been very likely forged by (B) for the purpose of grabbing the said land.
Now a forensic was done on all the signatures by an expert and found that all signatures on the sale agreement are forged whether of the agreement or of receipt of payments to (A). What best is the course of action for (A)'s family to take? Now an appeal has to be made in a higher court as the lower court has decreed in favor of (B) and the appellate court has upheld the same.
Forged sale agreement and land grabbing
Sirs,
A relative (A) had a land measuring over 4 acres. The owner, now deceased, had given a GPA in 1988 while he used to travel overseas, to a close friend (B). However, this friend observing his signatures in the GPA, had made a sale agreement pre-dated by 3 years and 6 months and also had counter-signatures of (A) mentioning 80% of the consideration was made in cash payment. On the day (A) passed away in 2001, (B) brought this particular Sale Agreement and asked (A)'s wife and children to sign the document and (B) was paying the balance amount. The legal heirs however had no knowledge of such transaction or agreement whatsoever. so they declined insisting to show these documents to a lawyer. (B) refused to give a copy or show the agreement to (A)'s family. On the contrary, he filed a lawsuit in 2006 and the court decided the case in (B)'s favor. So (A)'s family appealed the judgment but the decision was upheld by the Appellate despite bringing to the notice of the lawyer that the documents would have been very likely forged by (B) for the purpose of grabbing the said land.
Now a forensic was done on all the signatures by an expert and found that all signatures on the sale agreement are forged whether of the agreement or of receipt of payments to (A). What best is the course of action for (A)'s family to take? Now an appeal has to be made in a higher court as the lower court has decreed in favor of (B) and the appellate court has upheld the same.