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sangeeta (Govt. Service)     13 May 2012

Fraud in registered sale deed

A document dated 1947 has buyer name Lala Dharampal s/o Rai Sahab Lala Mohan Ram and the

signautre of buyer in full as "dharampal".

In 1966 when Dharampal sells his property to next person 'X' his name becomes only  "Dharampal s/o Haveliram" and his signature remaining only as "dharama"

Now in a court case 'X' do not produce any legible documents in his favour and ultimately becomes Ex parte. It has also been intimated by the registrar office that the document of X dated 1966 are missing from their record. 

Is the above observation made after personal enquiry is enough to held "x"'s  documents fraud and on whom lies onus to prove the documents. Aslo there is no consistency between the boundaries of property shown in the

documents of 1947 and 1966. 



 2 Replies

Hemang (Advocate)     21 June 2012

Person, who alleges the fraud has to prove.

Jayendra Sevada (Advocate)     24 July 2012

 

Dear,

 

Try and understand the law:

 

1) Non production of any legible document in his favour is one aspect; and

 

2) Becomes Ex parte is another.

 

Ex-Parte means where the person doesnot pursue the case i.e. not appearing before the court in person or through pleader.

 

If it is an Ex-Parte decree then that means Mr. X or his pleader doesnot appear before the concerned court.

 

Feel free to call me @ +91-9717011717 for further assistance.

 

Best Regards,

 

Jayendra Sevada

Advocate


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