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Sultan (NIL)     21 September 2011

Forged sign in vakalatnama

It is a property related matter, having total 5 heirs, we are respondents and I am 3rd respondent, I was not aware of such proceedings was goin on , after it came to my knowledge , have taken search of relevant papers in High Court. and found somebody has forged my sign in filing vakalatnama. I have personally identify & verify that sign is forged,

 

What can be done to find the culprit ?

Is advocate responsible in whose vakalatnama forged sign is there, I mean is it his duty to verify person before taking sign on Vakalatnama?



Learning

 14 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     21 September 2011

You can move an application to the same court and may pray to enquire into the matter nd rest leve upon court.

ravi shankar sharma (advocate)     21 September 2011

yes i do agree with makkad sir.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     21 September 2011

Dear Sultan,

First get the certified copies of all the documents, which you are alleging then file application about this fraud. your advocate as well as other co-heirs must be responsible for this. however advocate might not have any knowledge of this fraud. first confirm from advocate, he must be negligent and/or careless. this routine practice that people take vakalatnama from  advocate on the pretext that they will get signatures of other relatives at home. this might be the same case.

regards

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640

M.Sheik Mohammed Ali (advocate)     21 September 2011

yes, you must take all documents from certificate copy there after file a petition, then ask scriptt commissioner for veryfy your signature.

Gopal Singh ( Advocate)     21 September 2011

Mr. Raj Kumar Makkar is very much correct. If you controvert the Signature  then file a petition before the honourable  Court indicating the fraud committed by the parties filing petition on your behalf. The matter would be enquired into and justice done.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 September 2011

i also agreed with Mr. makkad

Sultan (NIL)     22 September 2011

I want to file criminal proceedings ......how should I proceed...under what section culprit may be booked

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 September 2011

if you do not want to join in the case just give an application and withdraw your apperance instead of making all other noises.

Sultan (NIL)     25 September 2011

I have filed Separate Vakalatnama in my name, I have Certified copy of Vakalatnama in which forged sign is there, I will file FIR foe said matter to be on record .


 I belong to place A the high court in which forge vakalatnama was filed is in place B ...around 500 kms from my place but in same state, other co-heirs/ respondents belongs to place A, C & D.

 

Where should be FIR filed?

Under which section FIR should be launched ?

 

kvss.prabhakar rao (Advocate )     01 October 2011

First make enquiry who would get benefit if your signature forged. Is there any damamged ocured in doiong so. In your absance is your relatives give the same to advocate. I think advocate would not  do same because if any one come to advocate styling her self as sultan he can beleive and accept the vakalath such case you cant thrown the entire blame on advocate. first meet the advocate who filed vakalth on your behlaf then proceed as rajkumar makkar suggested

K.V.S.S. PRABHAKAR RAO

ADVOCATE

RAJAHMUNDRY (A.P.)

kvss.prabhakar rao (Advocate )     01 October 2011

First make enquiry who would get benefit if your signature forged. Is there any damamged ocured in doiong so. In your absance is your relatives give the same to advocate. I think advocate would not  do same because if any one come to advocate styling her self as sultan he can beleive and accept the vakalath such case you cant thrown the entire blame on advocate. first meet the advocate who filed vakalth on your behlaf then proceed as rajkumar makkar suggested

K.V.S.S. PRABHAKAR RAO

ADVOCATE

RAJAHMUNDRY (A.P.)

Sultan (NIL)     02 October 2011

I have engaged Criminal Advocate for this matter, he adviced me to file complain in BAR council against the advocate filing my vakalatnama and simultaneously register Police complain, I am acting as per his advice....inputs welcome

Sultan (NIL)     02 October 2011

Section 52 IPC. Good faith

Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention.

Section 466. Forgery of record of court or of public register, etc.

 1[Whoever forges a document or an electronic record], purport to be a record or proceed­ing of or in a Court of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 October 2011

excellant input by Sultan, however the fact remains that who will benfefit. Mens rea will certainly be looked into.


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