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T anand (self)     28 January 2020

Forged gpa and mortgage

Our eldest brother (unmarried) joined hands with youngest brother, made GPAs with a Notary, forging signatures of mine and others , the youngest brother is the witness to all that GPAs. With this mortgaged the few of the family property and took a loan of 10lakhs in 2010 and nobody was aware of this then. Later in 2012 -13, we had some disagreements and we are asked to go to court to get our shares in the property. In 2014, when we were looking for all the RTCs we found this Loan and from the SRO, I got the Mortgage deed and through RTI the GPA supposed to be of mine, then I send a Legal notice to Bank saying the GPAs are fraud and we are not responsible for the loan. But Bank has ignored it and till now the loan is not repaid a single rupee. I didn’t do anything about it till now. Meanwhile in 2015, I had filed the partition suit. In the process I have found many of GPAs made with the same set of GPA holder, Witness and Notary they made sold some properties and made a partition giving properties (2acres of prime land) to only youngest brother and rest all together some 50K. ( we are 7brothers and 3 sisters, parents are deceased father in 77 and mother in 2001). It is challaned in the Partition suit. Recently, our 2nd ledest has died. Eldest is in late seventies. Now issue is with the Bank loan. What all I can do ? I can not file Civil or Criminal case since it is time bar as per out lawyer But one other lawyer says, for economic offences ther is no time bar, we can still file the cases. Kindly let me know your suggestions so that I can refer it to my lawyer.


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 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     28 January 2020

Dear queriest,

Your case is time barred however you can explain the reason of delay caused for filing case and file case. Let the court decide.

Regards,

 

Sri Ganeshrao   28 January 2020

judge give exception for some case... instead of waiting please approach the court that the best way to get justice

Advocate Suneel Moudgil (Advocate)     28 January 2020

matter is time bar, however, no way except approaching the Court

Rupin Dhama   29 January 2020

you can go to the civil and criminal cases. the limitations will start from the knowledge of the fraud.

For Free legal advice or more information or advice please contact us 9 to 6 on whatsapp 9999121211 or rupin.lawjunction@gmail.com.

T anand (self)     29 January 2020

Thank you all.


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