Jyothikaa (NA) 01 February 2013

Witness signature forged by seller in "agreement to sell"

I entered an Agreement to Sell as a buyer. I paid earnest amount to Seller via Cheque. The balance amount was to be paid within a specific date and in between the Seller has backed out stating that he will not sell the property. As performance he is willing to pay me damages + earnest amount as mentioned in the agreement.

However the Seller is postponing the payment every week indefinately towards end of the agreement period.

I have found that the Seller has forged his witness signature and written the witness address in the agreement himself. (after I made payment via cheque, Buyer Signed, Buyer’s Witness Signed, Seller Signed and then the seller went out to get his witness signature from his neighbour.

It is now found that he forged the witness signature himself. Seller’s mentioned witness has confirmed that he has not signed any agreement.

How can I as a buyer sue him ? What punishment will the Seller get If I file a criminal case ? How do I recover my money quickly ? All proof of payment is well documented in the Agreement to Sell.

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2 Replies

bhagwat patil (Property due diligence 9422773303) 02 February 2013

1)you can sue him for specific performance.2)If you file criminal case you have submit that the witness sign is forged the seller will use it for invalidation of document you will right to purchase of property.3)file a civil suit enter les pendence to ROR.

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Jyothikaa (NA) 05 February 2013

Thanks for the reponse Mr Bhagwat.

Fortunately Seller now wants to come for settlement, He initially told he is willing to pay me back my advance & performance amount (may be he had another client willing to buy his property). I told him I am ok for this settlement but he has to do it quickly. He has now postponed the settlement date stating that he will only pay me back what I gave him as advance money.

He has also stated that after settlement he wants the original agreement back. I currently hold the Original document and I have told him we will do a cancellation deed to cancel the original agreement.

Why does is want the Original document when we are going for the cancellation deed ? As he has already forged signature of the witness, I doubt he might forge something else in the same document again and put me in trouble.

Kindly advise.