• Forged signature in the affidavit

While applying for the mutation of a property by the promoter, the affidavit required to be done by the owner, was not done and instead it has been forged. what action can be taken? The mutation had been done in the name of the owner, without the knowledge of the forged affidavit.
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

File police complaint against the accused for forgery 

 

enclose opinion of had writing expert that signature has been forged 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

owner can take action against promoter for forging his signature 

 

he can file police complaint against the promoter 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Client,

You may make a complaind to the Police about the forged document. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Depends on what loss/cheating committed on you. Mere forging your signature without harming you, will not attract penal offense. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

The said mutilation can be challenged in grounds of forgery and pray for cancellation. Also you can file criminal complaint for forgery

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

- Mutation is the change of title ownership from one person to another when the property is sold or transferred.

- Since, the said mutatiion was done on forged affidavit , hence in future it may create problem for the owner of the property as well.

- And it further attracts 467/420 IPC as well. 

- The owner should firstly lodged a complaint with the police and further its copy submitted to the concerned authority of mutation.

 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. The forgery is a criminal offence and hence the person whose signature has been forged can lodge a complaint on which basis the Police can register the FIR on the charge of forgery and impersonation.

2. So the owner has the option of visiting the police and do the needful.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It leads to cheating, forgery, criminal intimidation, breach of trust ... etc.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

yes owner can file criminal complaint against promoter. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes owner can lodge FIR against promoter for making forged Affidavit without his knowledge.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

See for frogery complaint can be filed before the police and action can be taken agaisnt the said person indulged in frogery.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes the owner can take such action.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If forgery is confirmed then you can lodge a criminal complaint against the builder for this offence. 

But the owner also has to cooperate to give this complaint provided there's no compromise arrived at with the builder on this. 

T Kalaiselvan
Advocate, Vellore
89979 Answers
2492 Consultations

Yes he can very well initiate a legal action against the promoter if the owner is aggrieved by this. 

T Kalaiselvan
Advocate, Vellore
89979 Answers
2492 Consultations

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