• Creating Forged signed document to transfer Ancestral Property

Location : Kerala State
 
 My Great Grand Mothers Son , was able to get sign from my mother to transfer Ancestor land jointly possessed by 2 decides son of my great grandmother, property worth 1-cores and register it with one sheet of stamp paper worth 1000/- in 1999 doc mentions that in this my mother recived Rs 5000/-
This event is with out my mothers (44 age) knowledge 

1 Signature Given by mother on back of stamp paper Original Sign and Thump , name is not full two char missing 
 2 last sheet sign is forged - name is not full two char missing

Now Grand Mother's son is 81 aged 
 my Mother age 62

How can we proceed to cancel this document
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

When was this document executed and registered?

If it is more than three years, then the cancellation may not be entertained by court of law.

From your contents it can be seen that your mother was not eligible for any property from her grandmother because your uncle has inherited the property in the capacity of legal heir to the deceased.

The women property cannot become ancestral property for claiming rights in it by the coparceners.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

when was fraud discovered by your mother?

2) file police complaint against the relative for criminal breach of trust , forgery , fabrication of documents , cheating

3) also mother should file suit to set aside relinquishment deed wherein her signatures were forged

4) obtain copy of said deed from sub registrar office

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Check the property is ancestral or not .

Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.

Challenge the newly created document and signature .There is a limitation period hit on your query if the document created more than three years

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

1) since information was received by your mother recently she can file suit to set aside fraudulent transfer of property in name

of relative

2) If wil is registered take search in sub registrar office

3) contact a local lawyer and take legal proceedings as advised earlier

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

1. This constitutes the offence of forgery and cheating with criminal breach of trust, so a criminal complaint may be filed under 200 CrPC.

2. You have to file a civil suit for declaration of the instrument of transfer i.e GPA as illegal on the ground that it is forged and hence liable to be declared as such. The civil court alone can cancel the document.

3. Consult a lawyer with complete set of documents to get a concrete opinion.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

If he is creating a trust through a will bequeathing the properties to the trust through this will, it can be enforced after his death.

If the property is in his possession and he has marketable title, then his legal heirs do not have any right in it during his lifetime and after the will come into force, hence the bequest made through the will shall become operative.

The relatives or legal heirs if made trustees of will property trust, then they can legally acquire the property but can be trustees only.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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