Agricultural land litigation
I am Rangareddy BA.LLB , Karnataka.
The matter mentioned below is regarding Land Litigation.
I belong to Hindu family and my father have a elder brother. Our Agricultural lands got divided last 10 years ago at the time of seperation of our family with my fathers elder brother.
In that moment of time I got 2.28 acres of land possession from my father's elder brother till date.
This agreement happened in the presence of Notary Civil taluka court and the agreement contained the matter of Releasing the rights of Agricultural land from my fathers elder brother to me on June 2014.
And when I started the next process of Land survey, and Mutation in Tahsildar office, My fathers elder brother objected and challanged that I have done the forgery signature on the Agreement letter of releasing rights, infront of Notary of taluka civil court.
And He has also put up the Private Case on me regarding Forgery signature in taluka civil judge court. and the next Hearing date in court is 30.4.2015.
So, kindly suggest what are the possible next steps I can take on this so that I can prove myself as innocent and faultless.
And also suggest me what all the laws I can use to fight on this in court as well as Tahasildar office.
Could you also suggest me the Expert Advocates from Revenue department which would be helpful for me to get suggestions from them.
Asked 3 years ago in Property Law from Raichur, Karnataka
1.The case for forgery has been filed against you in the court. So you have to defend yourself in the court. When your father's elder brother had signed the deed in front of the notary and the notarial stamp has been affixed thereon then he cannot now be allowed to contend that the deed was forged.
2. Engage a lawyer and contest the case.
3. I regret my inability to suggest you any lawyer in Raichur as I do not know any.
1) as far as forgery case is concerned document would have to be referred to handwriting expert for his opinion
2) further evidence ofnotary public is necessary that document was signed in his presence
3)deed of partition has to be duly stamped and regd to be admissible in evidence
4) if it is merely memorandum recording the arrangement it does not require registration
it is your case that your uncle executed release deed in your favour . such agreement is also required to be stamped and registered
1. Your Uncle has filed a case against you alleging that you have forged his signature in the said partition agreement,
2. You should now contest the case fittingly,
3. Actually a partition deed is required to be executed and registered before the Registered which you have not done to make it a valid,
4. You can file a partition suit for claiming your share now,
5. You can google search your lawyer having expertise in this field.
Hi, you can prove your case that on that day the agreement was executed your father elder brother was personally present before the Notary and he has signed the agreement in front of the Notary and he is also signed the Notary register as Notary is the witness for your case to prove that you have not committed fraud.
2. In legally, your agreement to release is not valid and it has to be executed before the Sub-Registrar office.