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
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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.
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
The document was executed in year 1999 - Recently got information and copy for the deed from the same document writer. my great great grandmother(AA) got this property from her ancestor after winning the case in district court Thalssery,kerala about 60 years back. great great grand mother has 2 daughter's and 4 son's out of that only one daughter (cc) and one son(bb) got married .the married one daughter is my grandmother the relative is my grandmothers younger brother and he is only the living person among my great great grandmothers children out of 6, and as per my knowledge he has some how managed to get the property entirely in his name from others also and registered in sub registrar office ( estimated market price will be 10cr - 90 cents) Currently relative is 82 + year old and health is week , and he is staying alone in the property mentioned above- we have started to look after his health and food from 20/march/2017 as he like to stay alone. last week when i visited he said the property is 600 year old and should not be sold off or divided this is his intention from words, and i think he has created a will also to form a trust after death- i dont have any info about the will.- My question is where should we start from will the Will enough valid to form a trust using these forged doc, how to get the Will details will this get complicated after his death. do the (bb) married son' s children have right in property it will good to get advice on correct starting point. thanks Nithin
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
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
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.
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.