• Sign documents validity

My father sold a property in 1998 only sale deal is written its not registered,he died in 2004 .(its ancestor property ,it is in court from 1990)

As family we don't know about this ,until buyer came and told in april 2004 means 2 months after my father death.

3 to 5 person came along with buyer on that day one person introduced as court staff(he is on duty ) and threatens us a case is filed against u ,u should repay amount are sing the documents other wise u will put in jail 

 {Later we came to know that court staff person is brother of this buyer they miss used his authority 
For threatening us}

As unavoidable situation my mother requested time to discuss the matter to elders of our family ,for this court staff advised to sing on the papers which were already written over ,as proof for meanwhile

 One month later we called buyer for settlement via elders for several times ,but he doesn't came forward and evaded for negotiations 

He himself avoided and after a tune of 14 years he sent notice through DLC for registration of land 

My mother is house wife don't know anything about property's and me 19 years old at that time my younger brother is a raw minor .me and my mother sing on documents (court case is still pending in court)
please suggest me how to handle this how much favor I have in this
Asked 6 years ago in Civil Law

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10 Answers

Unless and until we come to know the contents of the documents here you and your mother signed ,t is very difficult to advise.

It seems that the buyer has filed a suit for specific performance of contract.

If that is so then you being the legal heirs of the sellers can be directed by court to complete the sale by way of registration of the deed.

If the property is still in your possession then you may propose to to refund the money along with interest and cancel the sae agreement.

It is permissible under law and can be allowed by court.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Your father could not have sold the property if any stay had been granted by court

2) you have not mentioned whether in sale deed time was essence of contract

3) if time was not essence of contract purchaser can sue the legal heirs to register the sale deed

4) if time was essence of contract suit for specific performance ought to have been filed within period of 3 years or claim would be barred by limitation

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Hi, the case is based on documentary evidence .. I will be able to guide only after looking at the sale deed .. It is advisable to consult a advocate and fight the case ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1) take the plea that signature are forged

2) rely upon handwriting experts opinion to show signatures are forged

3) mention that mother is illiterate and was forced to sign documents on husband demise

4) take the plea that claim is barred by limitation

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Hello,

You may immediately take a preliminary objection that the claim is time barred and hence is liable to be dismissed.

Also you may produce a report of the handwritting expert to show that the signature have been done fraudulently and your mother was incapable to sign the documents.

From the facts as illustrated by you herein, yours seems to be a good case.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Moreover the property could not have been sold by your father in light of the fact that the land was a subject matter of a dispute before the court as per the provisions of the transfer of property act.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

An unregistered sale deed has no value in the eyes of law. According to Section 50 of the code of civil procedure you are not bound to complete the sale deed only on the basis that your father had received consideration for the property. This sale deed is suspicious and you can challenge its validity before the court. The limitation period for part performance [ completion of registration of sale date]  has already lapsed. Unless and until he give reason for inordinate delay to give this noticehe cannot get any remedy from the court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You can also initiate a criminal proceeding against him by filing a complaint under section 200 of the code of criminal procedure for the offence of forgery and cheating. If his brother is a government servant then you can also file an FIR against him for the offence punishable under section 13 of the prevention of corruption act.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

The information furnished by you are very vague and no concrete opinion can be rendered for this incomplete and irrelevant information.

If the property dispute is still going on in the court, then any signature done by your mother to the people cannot be legally valid for the property under dispute.

If he has sent a notice, you must specify what is his demand and how is claiming the rights?

During a litigation pending in court, the sale deed executed by your father is invalid moreover it is an unregistered sale deed, hence it is not valid in law.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

You can very well challenge the documents on the basis of your observations in it.

The irregularities in the name of forged signatures can be contested by seeking expert's opinion to this.

This is a matter of trial when he is approaching the court for relief.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

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