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Divya (nil)     24 June 2011

Refusal of accepting signed Release Deed

My uncle had 50% share in a land which was purchased in 1985. In the year 1986, he released his share of land on his mother's name. in the year 1986, on the document only his signature was taken on a stamp paper which was duly registered.

But now he is refusing to accept this document.  He is stating that he they are not his signatures & that we have made a fraud document.....

How do we manage this process...How is it possible to prove his signatures for such an old document which is 25 yrs back registered.....Do we need to approach handwriting experst or will Property office or RTI division



Learning

 3 Replies

Ashok Yadav (Lawyer)     24 June 2011

If the document was regd. at sub registrar office then it will presume that it is original one, and his signatures are original, no fraud was commited with him. It his obligation to prove that the signature was not his, and the document was forged. You can obtain certified copy of the document from sub registrar office and file a suit for declaration, if he is creating problems to you.

Abhishek Marvi (ADVOCATE)     27 June 2011

i agree with mr.ashok

Divya (nil)     27 June 2011

Thankyou for the guidance....

There is also another question....

Uncle had stated in 1986 that he, his wife & his children cannot claim any share in future on that property....

Does the law keep the children out while allocating property based on his commitment on release deed OR can the children claim on ancestral property refusing to abide with the father's release deed.


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