Civil Procedure Code (CPC)

Forgery of our signature

This query is : Resolved 
 

Online (Querist)
19 June 2021

My father recently died. We r 5 legal heirs. Elder independently affixed our signature as a genuine one without our knowledge applied for legal heir certificate . Already he has cheated us in some issues. Can we complaint about this forgery?


SHIRISH PAWAR, 7738990900Online (Expert)
19 June 2021

Hello,

Yes, you can file forgery cases and other cases as per the facts of your case. You have to challenge the legal heirship certificate applied by your elder brother if it is adversely affecting your interest. Appoint a local advocate and get the certified copy of the application and get it verified by your advocate.

Advocate Bhartesh goyalOnline (Expert)
19 June 2021

Yes, your brother has committed offence of secs 467,468 and 420 of ipc by making false and fabricated signatures of yours.lodge FIR agaInst him in this regard.

kavksatyanarayanaOnline (Expert)
19 June 2021

Yes. You can file FIR against your brother.

T. Kalaiselvan, Advocate Online (Expert)
20 June 2021

If he has applied for legal heirship certificate by forging others signatures in the application, an objection may be raised on this to the concerned authorities mentioning this act of forgery and request to not to issue the legal heirship certificate to him for the reasons that he may misuse the same to deprive your rights in the property or other issues.

Dr J C VashistaOnline (Expert)
22 June 2021

Collect conclusive evidences qua forgery and cheating committed and lodge FIR against the wrongdoer.
Simultaneously institute a suit for cancellation of the document executed under forged signatures of other share-holders.
Consult and engage a local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceeding.

Shashikant V. PatilOnline (Expert)
22 June 2021

After demise of your father, left behind 05 legal heirs, and it is but natural and necessary to bring all heirs to be entered in the record of rights of residential as well as agricultural landed property of deceased person. Since all the heirs are interested to have their share , but no one will take initiative and responsibility to do this process. So your elder brother might have taken this responsibility. If he filed application in the court for legal heirship , iniitially, all heirs particular only to be submitted without any signatures except the applicant's signature and here applicant is your elder brother. In this matter, Paper Proclamation is also to be given after court's order for obtaining any objections from public which is published in any daily newspaper preferred. Later on , there is Id verification done in the court of all legal heirs and your all have to appeared before the court. Hence , your elder brother will inform you all to remain present for this process. You all have to sign affidavit individually in the court on oath. Then only at last, court will issue Legal heirship certificate. You may check the status of your case in the court . If your name are excluded, you may file objection in that suit and make your submission before court.



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