LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Forgery of signature

Querist : Anonymous (Querist) 23 November 2011 This query is : Resolved 
a got unregistered sale deed form b, but b didnot come for 3 years so a approached civil court and got x partee degree in his favour and got registration done after 4 years done thru civil court now b claims that he has not signed in the deed, but a says that b signed in before him there is witness from a's family members only. so a approached a private expert with xerox copy of the sale deed ,private expert says 1st stamp paper page is signed by b other green pages having some modification in the signature. Now b acts as innocent and asks extra money from a. b threatened to go for police complaint for cheating. but a is shocked and he does not want the property. how he can get rid of police action
Shonee Kapoor (Expert) 23 November 2011
The facts are not clear. Whether a agrees to any forgery?

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Querist : Anonymous (Querist) 23 November 2011
no a is gunine the land is abjoined to the site.
prabhakar singh (Expert) 23 November 2011
When a suit for specific performance of the agreement to sale in question has been exparte decreed against B in favor of A and the same has stood executed by execution of a registered sale deed ,then let it be any thing the remedy ,if any,the B has is not the FIR to police but to seek the set aside of the exparte decree u/o9r13 of C.P.C.In my view no FIR can be filed against a document on the basis where of the court has not only passed but also executed its' decree.B can not enforce any right unless he gets the exparte decree set aside.
Raj Kumar Makkad (Expert) 23 November 2011
I do agree.
R Trivedi (Expert) 24 November 2011
Pl ponder over followings:
1. Truth, confirm if 'a' is clean ? Also confirm if 'b' voluntarily signed the deed whenever it happened.

2. Date of ExParte Decree ? Check if any time frame given for appeal.

3. The efforts carried out in giving notice to 'b' prior to exparte order. If any contact made with 'b'. Did 'b' send any response whatsoever.

4. What is the truth behind not matching the signature on other green papers ?

5. Has so far 'b' approached any authority for this signature mismatch ?

6. Was there any payment transaction as recorded in the registry and which can be proved by 'a'.

As suggested above only remedy is appeal against decree, if at all appeal is admissible prepare based on above points. If Police harass you show them the order of the court and keep silent.
Querist : Anonymous (Querist) 24 November 2011
notice send to b but reply was left out unsaid, 3 times paper publication was made and then 4 times reg.letter has been sent reply for the Reg.Letter 'was left out unsaid ' no b has not send for any signature mismatch no response sir a is clean and b is having lot of cheque cases pending b is a big debitor and b has already sold a property to a's family member by himself, without nowing these facts a puchased property by unreg.sale deed. a is innocent man with this belief b cheated a and b asks huge sum of extra money from b not the property very much now a is very afraid that police might arrest him he doesnot want this property pls advice b is politically sound and having good rapo with police because he often goes for police stations.what ever i give support a is very much in mental agoney .
prabhakar singh (Expert) 24 November 2011
Police can not arrest A.

A has decree of court.

B can not do any thing against A unless he gets the exparte decree set aside.
Querist : Anonymous (Querist) 24 November 2011
1) what is the time limit for set aside of exparte degree in civil court

2)in this case court has passed final degree after 3 years from the date filing and court only orderd for registration

3) in this case exparte degree was issued on 2009 and final degree on 2010 and registration on 2011

4) b only cheated a, this is clear from b's speech
but we donot have enough evidence that b is the cheater

5) if a doesnot want this disuted property what is the court procedure to return the land, a is afraid that after foresonic report and setaside from court b will harrse him with police force

6) please give a good reply , so that a good family members willnot get punished because of b's behaviour
prabhakar singh (Expert) 26 November 2011
30 days from the confirmed knowledge of the decree.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :





Post a Suggestion for LCI Team
Post a Legal Query