My father buy 5 acres of agricultural land and get registered in the year 1987 from a person, now his son filed a case against the registered(1987) sale deed by submitting his father late death certificate registered the year of death 1984 and death was registered in the year 2015. he is claiming that the registered document was fake and signs were forger. He obtained his father late death certificate from RDO (Revenue Divisional Officer, Magistrate) by submitting a affidavit made through two witness signatures. All the land related records bearing my father name only. he has only his father death certificate. we obtained a loan on land from a local bank by submitting registered deed in the year 2000. the loan was cleared but my father was forgotten to get the documents from bank. when we approached the bank they are saying the documents were misplaced. but we obtained the CC Copies from Sub registrar office. now my questions are what is the authenticity of the late death certificate in filling a case against the property? What is the immediate action on dis issue? How should i approach with the banker in misplacing the document? How should i prove his father death was incorrect? what is the impact of this case on my land? How the police will go on this court refereed case? shall i keep quite by considering it as silly case?
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1)son has to prove that father died in 1984 . you deny the genuine ness of DC
2) you should contest case on merits
3) bank should file FIR of loss of original documents
4) issue public notice of loss of originals
5) if any police complaint is filed police will conduct investigations and file charge sheet
what is the authenticity of the late death certificate in filling a case against the property?
You can challenge the death certificate, especially you can say that the RDO's death certificate is not valid especially since it was rgistered in the year 2015 with intention to grab this property.
You can argue that nothing prevented him from claiming the same within twelve years from the year 1987 if it was fake or fraudulent transaction.
What is the immediate action on dis issue?
Challenge his case properly on the basis of merits in your side.
How should i approach with the banker in misplacing the document?
You can get a certificate from the bank for this misplaced document held by them
How should i prove his father death was incorrect?
You have to procure evidence from your source or by cross examining him properly you can extract from his mouth that this is false document.
what is the impact of this case on my land?
No impact until it is proved that it is his property.
How the police will go on this court refereed case?
This is a civil case
shall i keep quite by considering it as silly case?
You have to challenge the case or else he may obtain exparte decree against your if he has already filed a suit before civil court.
thank you for your valuable suggestions. before this he already tried with fake death certificate but in the police investigation it was proved as fake and the case was closed as false submitted to the court. after two years now he come up with late death certificate. in this regard for current case i collected following evidences to prove the death certificate is invalid. 1, The SON is govt employee he is staying in govt alloted quarters. the quarter was alloted and he occupied along with family members in the year 2007. i retrieved the list of his family members through RTI filed by my friend. the list has his father name. 2. He mentioned in DC that the alloted(in the year 2007) quarter address as place of his father death(1984). questions 1.How these evidences which are obtained through RTI is helpful and How should i go with these documents? 2. Should i submit to the SI who is investigating this case or should i go through court? if court on whom should i file a case? 3. How the previously closed case as false through coutt order helps to me? Please give your valuable suggesions
1) documents obtained through RTI will help you in proving that death certifcate is bogus
2) enclose these documents in reply filed by you
3) you can also submit it to SI investigating the case
4) the previously closed case would help you in proving that Plaintiff is fraudster
1.The documentary evidences obtained through RTI act are very much valid and admissible as primary evidence in the court of law.
2. Since he has approached court you may produce the evidences before court during the trial proceedings.
3. You have to produce the evidence of the previous case to defend your case and stand.