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afzal (service)     21 October 2008

Forged propety paper

sir,

I need urgent legal advice please help; I belong to Bihar my father had 3 brother and 1 sister, the elder brother died few months ago; my grandfather had agriculture property after his death we the property is still in combine, now the problem is my 3 uncle is not mentally well due to this his wife left him 30 yr back although she/he not  now she started selling my uncle property by use FORGED sing and she sold quite large property; we are asking my 3uncle to file case but he is not singning the doucment for case bec he feel no one can take his property ; WE HAVE CONSULTED LAWYER THEY SAY HIS MY 3RD UNCLE SINGNATURE IS NECESSARY FOR FILING THE CASE SINCE HE IS NOT SIGNING THE DOCUMENT AS HIS NOT ABLE TO UNDERSTAND THE PROBLEM DUE TO HIS METAL POSITION

PLASE HELP ME HOW TO PROCEED AND HOW WE FILE CASE AND STOP LOOSING MY UNCLE PROPERTY.

SIR, EARLY REPLY AND SUGGESTION NEEDED


Learning

 8 Replies

prabodh kumar patel (advocate)     21 October 2008

Your Question is not quite clear.


if any of your uncle is mentally not fit he is not competent to sign any document and in his place his legal heirs shall replace him after obtaining certificate from competent doctor.


Further, if you think any deed has been forged you can obtain certified copies of the deeds and challenge it before proper court of law.


However, if your question will be clear it will be easy to advise.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 October 2008

For put up a civil case, the person should be sound mind.

prof s c pratihar (medical practitioner &legal studies)     21 October 2008

with the advice recd from mr ramachary and mr patel ,engage a local lawyer move in a civil court. in future you can ask further , and must submit yr. points of contension and disputes in details.

K.C.Suresh (Advocate)     21 October 2008

For forgery criminal remedy is available. For property rights approchh the civil court as prof said.

afzal (service)     22 October 2008

sir,


thaks for your time i try to be more specific with the problem so that i get right guidence :


1. total member 4 : 3 brother 1 sister.


2. 1 brother expired 2 alive but 3rd one is not menteally fit (the personal property quention)


3. the 3rd borher now i say uncle (mentally unfit) is married he had 2 child


3. my uncle wife is seperate for more then 30 yrs they have no relation but no divorece or case of seperation has been filed. and his 2 kids live with her.


4. after my grandfather death the property is is not divided it is in combine.


5. my uncle (3rd borhter) wife is selling my uncle property with forged signature of my uncle.


6. all property are in my grandfather name.


THE PROBLEM IS THAT MY 3RD UNCLE WIFE selling ALL MY UNCLE PROPERTY AND SIGN A FORGED SING ON HIS BEHAF. SIR WE HAD OBTAIN THE COPY THE SELLING/REGISTERY COPY FROM COURT. WE WANT TO STOP HER FROM HER BAD INTENTION AS THE PROPERTY IS THE ONLY MEANS OF MY UNCLE LIVELY HOOD AND I REALLY WANT TO FIGHT FOR HIS RIGHTS PLEASE HELP ME WITH UR GUIDENCE.


sir, please ask the point which is not clear or i not able to say.


yr. truely


 


 


 


 

afzal (service)     22 October 2008

sir,




 


i talked to local lawyer but he suggested that his my uncle (which is not in sound health) signature is must to fight case and my uncle not in positon to understand the problem he refuse to sing the doc. sencondly the forged paper made by his wife and kids too involved in it.


points of contension and disputes :

 


1. my unlce wife selling his property with the hlep of forged signatur . FIRST WE HAD TO STOP HER FROM DOING SO.


2 my uncle and his wife both leave seperated but no divorce had to take.


3, my uncle not sing the document as local lawyer suggest he must need his sing. for further case (bec he is not in metal position to understand the problem.)


4. my unlce wife and his child are invoved in the case as we take out the registery paper form court.


pl suggest. CAN MY UNCLE BROTHER AND SISTER CAN FIGHT A CASE ON BEHALF OF MY 3RD UNCLE (NOT MENTAL FIT) WITH OUT HIS SIGNATURE OR CONSENT TO FIGHT ON HIS BEHALF.


OUR MAIN INTENSITON IS TO SAVEHIS PROPERTY SINCE IT IS THE ONLY MEAN OF HIS LIVELY HOOD.


required ur suggestion sir,




 


 




 


 

afzal (service)     22 October 2008

sir,




 


i talked to local lawyer but he suggested that his my uncle (which is not in sound health) signature is must to fight case and my uncle not in positon to understand the problem he refuse to sing the doc. sencondly the forged paper made by his wife and kids too involved in it.


my main points of contenst is to ;

 


STOP HIS WIFE AND CHILD FROM SELLING PROPERTY BY FAKE SING ON BEHAF OF MY UNCLE.


pl suggest.




 


 




 


 

prabodh kumar patel (advocate)     22 October 2008

If the property is in the name of your grandfather, any one of his legal heir can file a case for cancellation of the forged sale deed and for injunction. Any legal heir means any son or daughter, and if any son or daughter is dead his/her son or daughter.


You said you have got the certified copy then i don't think there is any problem in filing a case. Your requirements will be the following :-


1) Certified copies of ROR.


2) Certified copies of the Sale deeds.


3) Proper court fee.


wish u luck


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