1) file police complaint of forgery , fabrication of documents, cheating against the fraudster
2) also file declaratory suit that mother is absolute owner of land and to set aside agreement of sale fraudulenty executed by forging mother signature
Sale deed with forged signatures
My mom has one land regeisterd in 1992.Last week we noticed that somebody created Agreement of Sale and GPA, as if my mother did this, and forged her signatures. Even her photograph. What step should we take further, to get my mother's ownership back. My mother is 70 yrs old, and she stays far away from the town where the land is .
Asked 6 years ago in Property Law
Religion: Hindu
15 Answers
Dear Client,
File FIR u/s 420,467,468,471 IPC. And if more people involved than u/s 120B also.
Through registered post, she can file complain in local police station where property is situated, CC to SP. Also, annex, copy of original sale deed and other document through which property acquired by mother.
But once she will need to visit there to record her statement.
How far ?
1. Retain the physical possession over the property and never loose it in any circumstances.
2. If you remain in physical possession of the property the fraudster would think twice to go to court on the basis of forged sale agreement.
3. unless and until he comes out with the forged sale agreement do not rush ti court.
4. If he presents his forged deed to establish his rights then lodge a complaint with Police Allegra forgery and impersonation and file a suit for declaration and injunction.
5. Till then ensure physical possession of the property .
File a complaint in the place where the land is situated. Write to the IG registration, sub-registrar of the place where the property is situated about the fraud and to cancel the agreement and GPA. Publish in local dailies that the said agreement and GPA is a fraud and your mother has no constructive role in executing the said documents.
In which place should the declaratory suit be filed? Can I do all this on her behalf? In the declaratory suit to who all should the copy be sent. How can we stop any further proceedings of this land in the registrar office.
Asked 6 years ago
Declaratory suit should be filed by your mother within jurisdiction of court where property is situated
2) mother can execute POA in your favour
3) make the fraudster party to the suit proceedings
Hi, first you should register FIR under 420,467,468,471 IPC .. Also file a civil suit for permanent injuction and obtain a stay order from court to restrain the forged sale deed
1. You, Take proper registered POA from mother. Also file caveat in the Tahsil office against further registering the property.
2. File police complaint, for criminal trespass, cheating, intimidation, extortion, against the person/s who have done wrong.
Keep Smiling .... Hemant Agarwal
1) You can make on your name GPA or Gift deed and get registered with it registrar in registration office along with your morher and mentioned in that the previous sale and GPA if its not registered in the registrar office than you can do this and all mutation papers should be on your mother's name.
You can file a civil suit in the local Court on behalf of your mother and she will sign any sale agreement and GPA not valid until it is registered in the court so it is right time to protest against these two document
The declaratory suit is to be filed at the place where the property is situated.
It is to e filed against the persons who are relying upon the forged Will.
File a suit for cancellation of this forged Agreement of Sale and GPA and seek a declaration as to title of your mother.
Contact a civil lawyer.
How can we stop any further proceedings of this land in the registrar office?
Ans. This can be done only once you manage to obtain a stay order (status quo order.)
Firstly she has to give a complaint under anti land grabbing act for recovery and proper legal action as per criminal laws.
In civil law she can file a suit for cancellation of the said sale agreement and GPA that has been created fraudulently by forging the documetns and impersonating her.
In which place should the declaratory suit be filed? Can I do all this on her behalf? In the declaratory suit to who all should the copy be sent. How can we stop any further proceedings of this land in the registrar office.
In my opinion declaratory suit may not be necessary, instead a suit for cancellation of the said transaction would be more effective and it can be filed within the jurisdiction within which the property situate.
The declaratory suit be filed in the Higher Court. If your mother authorises you then you can do all this on her behalf.
You can Consult a local Lawyer for filing of the declaratory suit and attaching all required documents with it.
For registration of a property or getting GPA digital photo and signature in front of the official is mandatory so how did the person get GPA signed by your mother? If you have valid proof then you can consult a local Lawyer to take legal steps.
