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Yash Deep Agarwal   31 August 2021

Property

My father died in 2004 . My father's brother forged father's sign and transfered the properties in his name . Later my father's brother died in 2014. Now there are charge create on the above properties by my father's brother's sons . Can i proceed to file a case for same in 2021? I came to know about the properties recently.


Quick Summary
This discussion concerns a complex property dispute involving alleged forgery by a father's brother to transfer properties. The original owner passed away in 2004, and the brother died in 2014. Now, the brother's sons have placed charges on these properties. The original poster, having recently discovered this, is asking about the possibility of filing a case in 2021. Advice suggests consulting a local lawyer immediately to analyse documents, understand limitation periods which start from the discovery of fraud, and file a civil suit for declaration and title, prioritising obtaining a stay order.

 4 Replies

Dr J C Vashista (Advocate)     01 September 2021

It would be appropriate to show the documents to a local prudent lawyer for proper analyses, advise and necessary proceeding.

Shashi Dhara   01 September 2021

File civil case for declaration and title in civil court.

G.L.N. Prasad (Retired employee.)     01 September 2021

First, catch hold of those forged documents, file a suit, get a stay order. This is TOP PRIORITY for you and you have to consider the limitation period, and the limitation period starts from the date of discovery of documents, and the knowledge of fraud by your father. Establishing fraud with forged documents within a limitation period is the most difficult task. This is the reason our experts always advise contacting a local advocate.

P. Venu (Advocate)     01 September 2021

"My father's brother forged father's sign and transfered the properties in his name" How? Was the conveyance registered? "Now there are charge create on the above properties by my father's brother's sons" What charge? Please post the relevant facts. Read more at: https://www.lawyersclubindia.com/forum/property-219776.asp Read more at: https://www.lawyersclubindia.com/forum/property-219776.asp

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