• Forged signature in memorandum of deposit of title deeds

The plot seller company couriered MODT to my Father(Who is GPA for me) and he signed the forms and sent them back to the Seller company. However when I was checking the stamped MODT, I have identified that my father’s signatures are forged.I asked them about it and they have accepted the mistake and they are giving silly reasons why they made this mistake. I asked them to correct this mistake, they want to fix by striking off the forged signatures and want my Father to sign next to the striked-off fake signatures. I want your legal advice on how to proceed.
Asked 4 years ago in Property Law
Religion: Other

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17 Answers

 

 

enter into fresh MODT with the seller 

 

2) tear off the earlier MODT which bears your father forged signature 

 

3) seller is not to be trusted . If he can forge your father signature he would go any any lengths 

 

4) get agreement vetted by a lawyer 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. It is not clear why they have forged the signature when your father had already signed the same.

2 . It may be due to the fact that later they may have altered the terms/contents of that pages without informing you.

3. So check the contents of both pages to know their actual itention.

4. I any event f they are ready to make good the mistake then go ahead with this and keep the pages containing forged signatures with you for future reference.

5. In future without checking the documents do not let your father sign any papers.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Ask them to execute the fresh document and then get it signed from your father.  Obtain a confirmation letter from them having received the title documents. Keep a copy of MDOT.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

Hi

Since the document pertains to memorandum of deposit of title deeds (which is used for borrowing monies from financial institutions), please put in writing both to seller and bank and have the earlier document cancelled and new document executed to avoid any criminal action by any party at a later date. 

Keep all communications in writing (hard copies and soft copies) secure till the matter is resolved totally

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Don't sign across the same as it's forged signature and signing across will create more complex issues

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Dear Client,

As per facts, you can lodge FIR at police station against the company under section 465 of IPC.

 

you may call me through KAANOON for more detail.

Mukesh Kumar
Advocate, Jaipur
92 Answers

4.9 on 5.0

Hi

If contents of the document i.e., MODT submitted by them with forged signatures of your father are not changed, then you have two options:

1) Instead of raking up an issue check the entire documents and ask your father to affix his signature after cancelling      the forged signature and proceed by putting an end to probable litigation and/ or repercussions thereof. 

2) You stop at this juncture, issue notice to them for forging the signature of your father's signatures and the same leads to unpleasant situation and leads to civil and criminal disputes which will not only coast you substantial time, and expenditure (if the contents of MODT are in any way changed). 

Now it is your discretion to choose between option (1) or (2).

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

If those are the forged signatures then immediately file an FIR to avoid any future consequences and inconvenience. Send a copy of the FIR to the Company and ask them to rectify their error and admit their guilt. And also tell them if they ignore or neglect to rectify the same, they will have to face the adverse legal consequences as prescribed under the laws.  

Aman Shrotriya
Advocate, Rajkot
21 Answers

4.8 on 5.0

Your father singed than where they forged the sign ? This is the procedure to correct the mistake in agreement instead of executing afresh.

You meant ? father missed sign on some page and they forged it ? if yes than get it correct by above procedure and issue them warning mail, against any repetition.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

See they have committed forgery and it is criminal offence. See if they are agreeing to correct it first take from them in writing such mistake was made and any loss of any nature due to there this mistake then they shall completely indemnify you. 

Then the sign can be done correctly by your father. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. since the company has forged your dad's signatures, i would strongly suggest that you have the documents first checked by a competent lawyer as to the contents of the same

2. it could be that the company may have added certain extra clauses in the MODT which may not be there in the draft that the company may have shared with your dad for his perusal

3. by deploying such method the company may be illegally trying to take certain consents from your dad which he may have not even read and would not consent for the same

4. so first ask the company to send your dad the correct draft. Then have all the terms of that unsigned draft checked by a lawyer. Then let your dad sign on it in front a public notary so that the document is recorded in public records i.e. the register maintained by the public notary

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

1.  A forged signature CANNOT be rectified on the "same document", by now affixing a new signature and further neither of the signatures can be classified as genuine.

2. A NEW document needs to be executed by mentioning the earlier document and duly witnessed.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1)a complaint regarding the same can be registered in the police station u/s 468 420 of ipc .

2) you can also ask them to execute fresh document. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Striking off forged signature and signing next to them is not a solution for this mistake. 

You should make a new MODT and it should be signed by your father. 

The seller cannot be trusted in future transactions you should be more carefull while dealing with this seller. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If you suspect some foul play you may ask them to redraft the same and ask them to affix the signatures by the original persons and not by impersonation.

If they do not listen then you can inform that you are cancelling the booking and they will be held liable for this fraudulent act of forging the signature for criminal actions.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Why did the selling company took MODT from you (or your POA holder)? 

 

2. Title deeds are deposited for mortgaging the property with the lending Bank while taking loan.

 

3. Did the selling company took or arranged  loan for you?

 

4. Where the title deed has been decided to be deposited which neccessitated signing of the MODT?

 

5. However, if your POA holder's signature on the MODT is forged, then one day you can claim that you have not deposited the same to anybody and make a general diary that it has been lost by you.  

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the signature was forged, now it is of no use for what reason they are giving.
  2. I would advice you to ask for apology stating that they have done it mistakenly as this would save you from any future problem.
  3. And please execute a fresh one, there cannot be the situation that you are signing on the side of the forged/ strike- off one.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

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