pavitra (home maker) 13 May 2015

Forged gpa used for rectification deed

Hello,

We are in a small border dispute with our neighbour. Both of our plots was one property when it was bought in 1980.Two sites were made and sold in 2004. My neighbour's sale deed showed incorrect schedule which needed rectification. Now, the original owner sold it to the neighbour via a registered GPA in 2004. The owner and the GPA both are now Canadian citizens and live in Canada. In 2014, my neighbour rectified the sale deed via forged GPA. It is very clear that the document is forged and is easy to detect the forgery. What are some ways I can use the document to cancel the rectification deed?

Thank you for you help.

Pavitra

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4 Replies

bsrao 13 May 2015

If you have a legal dispute, your plaint must have claimed so. Otherwise, file a criminal complaint against. But please note that it is the person whose signature is forged who has to confirm. Otherwise, you have no case.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 13 May 2015

Agree with expert n add that obtain 7/12 extract n 8/12 extract from Tahasildar to know the truth n then peoceed

T. Kalaiselvan, Advocate (Advocate) 16 May 2015

If the neighbor had made advances to encroach your property by any means including the rectiication deed managed by forged GPA deed, you have a case otherwise you cannot claim that document to be a forged one. If the dispute is about the schedule of propeties and you are aggrieved over it you may file a suit for declaration of your schedule of property on the basis of your sale deed document, consult your lawyer on further issues.

pavitra (home maker) 17 May 2015

Thank you for your reply. The GPA has not only a forged signature, but even the content doesn't match up. For eg., the GPA says it was executed in 2000, but it also reads that the GPA is drawn to rectify a sale deed made in 2004. How did they know in 2000 the registration number of the document that would come into existence in 2004? Doesn't that constitute fraud?

In this instance, the GPA is a two-page document where the first page has been changed to add the rectification on the sale deed. The second page is the original one made in 2000. The fonts on the two pages are different, and the stamp-paper that has been used seems like the stamp paper of the Telgi scam time. The paper hasn't been issued to anybody. The notary stamp only says "attested by me" and not "sworn by me", contains no date, and has no register entry number. It is very clear the document is a fraudulent one. Based on the above information some questions I have are:

Can I put a writ petition in the high court to overturn this rectification deed?
In a situation like this where I have come to know of this crime, and the original owner is not in the country can we not file a criminal complaint? If so, will it be effective?

Appreciate your help.