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mothilal sms   19 May 2022

forged document

my father had bought prosperity in the year of 1961.my father died in 1976. inthe meantime some one had encourage the site and register a forged document inthe year1985. what can I do to cancell the forget document.


Learning

 2 Replies

Simran Kaur   20 May 2022

you can file a suit under section 5 of specific relief act. Also, fIle a police complaint to the Superintendent of Police. Make sure you have all the documents of the property in check.

Shweta   22 May 2022

Hello Sir

You can file for cancellation of document under Section 31, 32 and 33 of the Specific Relief Act, 1963 (SRA). Cancellation of a document simply means nullification of a written document which is proof of a transaction between the parties that are part of the transaction. An instrument means any document by which any right or liability is created, transferred, limited, extended or extinguished as per the Indian Stamps Act, 1899

Requirements for cancellation of an instrument – 

  • If the instrument against which the cancellation suit is filed by the party is void.

  • If the instrument against which a cancellation suit is filed by the party is voidable.

  • If the instrument against which a cancellation suit is filed has the potential to cause injury/harm to the party filing the suit.

  • If the party who has filed a suit for cancellation of an instrument is under reasonable apprehension of an injury being caused to him due to the performance of the instrument.

  • When the instrument whose cancellation is requested by the party has already caused enough damage/injury to the requesting party.

  • In the view of all the circumstances of the case, the Court must be satisfied that such cancellation of an instrument is reasonable and would serve justice to the parties coming to the courts for such claims.

In your case, you can prove that the document is voidable as it is registered through fraud and fraud vitiates every transaction. Hence, you can file a suit in the court for cancellation of the document.

I hope this helps to resolve your query.


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