• False agreement to sell is produced in a court

A false agreement to sell is produced in a court and a suit for specific performance of agreement to sell is filled in a court the sign on the agreement to sell is not of me he has forged that sign can i institute criminal proceeding against him or what can i do to implicate him in a criminal proceedings and the case is now fixed for WRITTEN STATEMENT
Asked 6 years ago in Civil Law

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14 Answers

Yes. You can file a complaint with Police for an offence of forgery.

As far as Civil Suit for specific performance is concerned, you deny the execution of the agreement to sell and  seek the direction of the court to send the same for opinion of the handwriting expert..

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

- Firstly in the Written statement , you should mention in the preliminary objection , that the agreement to sell produced by the Plaintiff is forged and fabricate ,and hence Court should send the documents for a forensic expert  Report, as the Signature into the same is manipulate & forged. 

- Further , you should firstly lodged your complaint against the same with the local police and higher official . 

- If no response , then you can file a complaint under section 200 CrPc read with section 156(3) before the magistrate Court, for an inquiry and lodging an FIR against the the persons who is involved in the offence. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15844 Answers
243 Consultations

File police complaint against fraudster for fabrication of documents, forgery , cheating 

 

in your written statement deny that any agreement was signed by you take plea that signature are forged 

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

See if the agreement is false you can file a complaint before police station . Also you can file an application in court for the FSL report of the agreement and in WS can raise objection on genuinity of the agreement.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file criminal complaint for cheating and forgery against him. You can lodge FIR or get 156(3) crpc orders against him. In written statement you can deny the said fact and state that the agreement is forged

Prashant Nayak
Advocate, Mumbai
34663 Answers
249 Consultations

1. You can first lodge a police complaint against the said person committing the fraud.

 

2. If police refuses to register FIR, file a Writ Petition before the High court against police inaction praying for a direction upon the police to register FIR, investigate and act as per law based on your said complaint.

 

3. Concurrently, you can contest the Case filed against you fittingly challenging the genuineness of the documents produced by the applicant.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

You should state in the WS what is the truth and produce evidence in order to support your arguments.

You should also file a criminal complaint for cheating fraud and criminal intimidation.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. If the signature is apparently forged and there is no similarity  with your signature then you can at the initial stage file an application u/s 340 crpc of perjury.

2. Otherwise you can file written statement denying the aforesaid facts and at the time of trial let the plaintiff prove the signature.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1. If signature has been forged then you should file a criminal complaint for forgery and cheating under Sections 420, 467, 468 and 471  IPC.

2. An application can also be filed in the suit to seek that the signature should be sent to a handwriting expert for his opinion.

3. File your written statement to deny the allegations and state that your signature is forged.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

File application in court to send agreement for FSL. Once negative report came and court formed it`s opinion that agreement is forged than can initiate criminal case against him by you and court both.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can file criminal complaint against them u/s 420, 468 cheating forgery.

You may move an appropriate application before the Court for sending the documents to forensic lab for examination. .

Mohammed Mujeeb
Advocate, Hyderabad
19375 Answers
32 Consultations

Since the court has taken this cae on file and you have been issued summons, you first challenge the case in the court and  besides defying your signature in the sale agreement you may also establish that is is not your signature at all.

Once the court has passed an order that it is not your signature then you can think of initiating criminal action against him.

 

 

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

1. You should give reply that document produced in court is forged and it's not signed by you. 

2. You should also mention that you are ready to go for expert advice for signature verification from writting expert.

3. You can file criminal case once it is proved in court that your signature is forged by buyer. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

Yes, you can file criminal case of forgery and also bring this fact in your Written statement of that case.

Section 465 in the Indian Penal Code: Punishment for forgery—Who ever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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