Uncle claiming to have forged my father�s property documents

Milind (Querist) 23 April 2018 This query is : Resolved
Hello Sir,

My father owns a residential property at Delhi which as his share amongst total three brothers through inheritance.
Problem is that my uncle stole this property documents from my father and now he is claiming that he has managed to forge the documents and has transferred the property on his name, and is trying to sell off the property.

1) Is it possible for him to transfer the property like this by forging my father�s signature ?
2) Isn�t it necessary for my father to be present there in person if at all my father would want to transfer the property to anyone else ?
3) The property come under delhi development authority, is it possible for him to sell the property like this by forging the documents ?
4) Can we lodge a police complaint against the uncle and what can be his punishment for this act ?

Please try and guide us as we are too tensed.

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Milind (Querist) 24 April 2018
Awaiting your precious reply and help 🙂

P. Venu (Expert) 25 April 2018
The facts stated are less than convincing. Is your uncle claiming or admitting that he has forged the documents?

Milind (Querist) 25 April 2018
Dear Mr. Venu,

The uncle told a friend of his that he has prepared new documents on his name. As I said earlier that uncle stole the property deed from my father. Is it possible for him to transfer the property like this as he now has the property papers with him ?

Milind (Querist) 26 April 2018
Awaiting your precious reply 🙂

Ms.Usha Kapoor (Expert) 29 April 2018
If you could prove in court that your uncle forged the title documents and tried to sell the property you file an injunction suit to stop your uncle with going ahead with sale as your father has a better title to the subject property than your uncle for no one can convey a better title than he himself has.Even If he succeeds in selling the property with the person in the know of things the sale being forged and void ab initio would be set aside but for bonafide purchaser without notice and for value.You can file a Police complaint as well under section 420 IPC the punishment for which is 7 years imprisonment and fine.You can file forgery and perjury cases also against your husband.

Guest (Expert) 29 April 2018
Well Advised by Ms.UshaKapoor

P. Venu (Expert) 29 April 2018
How has your father inherited the property? Has any partition or settlement deed been executed?Which document, allegedly, has been forged?

Who is in occupation of the property? Who is paying the taxes etc?

What is the stand of your father on the issue?

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