• Fake suit filing intentionally

Sir
One of my relative sold piece of land to me through regd deed in 2000,executed by present plaintiff mother.Now in 2020 they filed suit by her daughters saying that there mother never executed the sale,Now is there any challenging petetion by paying a lump sum amount by both parties,one who looses should forgo the amount so as to be a lesson for fake suit filers.
Please suggest me your opinions. This shall be a lesson too in future for fake suit filers.
Asked 7 months ago in Property Law
Religion: Hindu

21 answers received in 1 day.

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22 Answers

Hi,

The sale deed was executed long back in the year 2000 and the same can't be challenged in the year 2020 for being time barred and it is likely to be dismissed by the court. You are suggested to take plea of time barred/ limitation and contest it strongly. 

Ganesh Singh
Advocate, NEW DELHI
5346 Answers
10 Consultations

4.5 on 5.0

1. Contest the suit fittingly and take the defence that sale deed was executed with free consent and for consideration by the mother of plaintiff.

2. Court can award costs in your favour if the suit is found to frivolous.

Ashish Davessar
Advocate, Jaipur
29804 Answers
855 Consultations

5.0 on 5.0

There is no way of depositing such security.

If you are in possession of the property then enjoy it.

Now if your seller had good title to sell the property and it was lawfully done then there is nothing to be worried much and you can enjoy the same during the pendency of the suit. 

Devajyoti Barman
Advocate, Kolkata
20728 Answers
294 Consultations

5.0 on 5.0

1) in case registered sale  deed is executed you can examine witnesses to prove that mother executed sale deed 

 

2) further payment must have been made by cheque 

 

3) you can produce your bank statements to show that money was paid to seller 

 

4) you can claim litigation costs from the daughters 

Ajay Sethi
Advocate, Mumbai
76851 Answers
4611 Consultations

5.0 on 5.0

Hi,

You may place an application in the court for forensic expert opinion of signature and after confirmation of the same, you may file the case against the said people for misleading and giving the false statement to the court. 

Ganesh Singh
Advocate, NEW DELHI
5346 Answers
10 Consultations

4.5 on 5.0

Rely upon have writing expert opinion to prove sale  deed signed by mother 

Ajay Sethi
Advocate, Mumbai
76851 Answers
4611 Consultations

5.0 on 5.0

You should contest the present suit by filing a Written Statement. If the order of the court would go in your favour then file a Defamation Case both civil and criminal against the plaintiff.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Unless the plaint is perused and seen what is the basis of suit and the relief claimed it is not possible to formulate an opinion on the need for opinion of handwriting expert.

Ashish Davessar
Advocate, Jaipur
29804 Answers
855 Consultations

5.0 on 5.0

If they have filed a suit you can challenge the same with the documents you have in your favour. Also the limitation will hit the case

Prashant Nayak
Advocate, Mumbai
20494 Answers
38 Consultations

4.4 on 5.0

No there is no such suit the court may impose cost on the plaintiff if the suit is found to be false and baseless. 

Shubham Jhajharia
Advocate, Ahmedabad
25181 Answers
103 Consultations

5.0 on 5.0

Yes the court may send the sale documents for FSL also if the deed is registered the sub-registrar office may confirm and also its presumption that correct person signed the document. 

Shubham Jhajharia
Advocate, Ahmedabad
25181 Answers
103 Consultations

5.0 on 5.0

If the photo identity registration is done than that is proof of true registered.

So how could be it fake registration. If it is done on coercion, fraud, misrepresentation, undue influence etc than it's different case.

Ganesh Kadam
Advocate, Pune
10652 Answers
94 Consultations

4.9 on 5.0

If they have filed the suit giving false allegations, you can challenge the same and fight it on merits.

Since you have a registered sale deed in your name, let them prove it is false or fake, the burden lies on them.

You can collect further documentary evidences to challenge their claim or to get their case dismissed.

What is your advocate's opinion?

You may have to follow it up properly through your advocate because any lapse from your side may prove fatal to your case.

 

T Kalaiselvan
Advocate, Vellore
66851 Answers
882 Consultations

5.0 on 5.0

To prove that it is not her signature on the registered sale deed is the burden of the plaintiff and not yours.

Do not take any hasty decision on it.

Don't worry about the witnesses turning hostile to this issue.

Since the document is a registered document, you need not worry about the witnesses giving false statement, the registrar can be summoned to prove the document.

 

T Kalaiselvan
Advocate, Vellore
66851 Answers
882 Consultations

5.0 on 5.0

No such challenging petition can be filed.  You contest the suit filed against you.

Since you purchased the land through registered Sale Deed you can examine the witnesses to the said transaction.

To prove your case you can produce your Bank's statement of account for relevant period (if you have paid thorough bank).

You can claim damages / litigation expenses for filing false case against you.

S Srinivasa Prasad
Advocate, Hyderabad
2460 Answers
8 Consultations

5.0 on 5.0

1. The  sale deed has already been registered in your favour by paying the required stamp duty and registration fee.

 

2. You shall have to contest the case fittingly claiming damage and cost  for contesting this false case.

Krishna Kishore Ganguly
Advocate, Kolkata
24411 Answers
680 Consultations

5.0 on 5.0

1. What grounds have they been shown while claiming that the said property was not sold to you though there is a registered sale deed in your favour?

 

2. They shall have to claim that the signature of the seller was deceptively taken by you which will be difficult for them to prove.

 

3. You shall have to contest the case fittingly by engaging a lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
24411 Answers
680 Consultations

5.0 on 5.0

1. IF the Deed was "Registered" before a constitutional authority (means the registrar of sub-assurances), THEN the same is legally & permanently final and non-challeng'ble, becomes irrefutable and now cannot be claimed to be fabricated /fake /whatever .... even by the Courts.  Legally there is no requirement of any Forensic report or whatever ....

2.  You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against ALL the person/s, supported with all relevant supporting Documents & Witnesses.

3. 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
4942 Answers
24 Consultations

5.0 on 5.0

- As per Article 59 of Limitation Act, The Limitation period for challenging /cancelling a registered Sale Deed is 3 years . 

- Hence, after a gaping of 20 years period , the registered sale deed cannot be cancelled. 

- The party who has challenged the sale deed will have to prove the non-existence of the sale deed . It means they will have to prove that the signature / impressions are not of her mother. 

Mohammed Shahzad
Advocate, Delhi
4063 Answers
43 Consultations

5.0 on 5.0

1. No there is no such provision in law but court can order dismissal of suit with heacy costs if court find out that suit filed is fake and just to harass the defendant.

Mohit Kapoor
Advocate, Rohtak
9250 Answers
3 Consultations

5.0 on 5.0

the limitation is for 12 years, so it almost 20 years back  the land was sold. Hence they have to explain the reason of delay, we can suggest only after examining the documents.

Mohammed Mujeeb
Advocate, Hyderabad
17231 Answers
11 Consultations

4.5 on 5.0

Dear Sir,

There are so many provisions under CPC under which you can ask to get report as to whether such signature and thumb impressions or bonafide or not. Court will issue an order to that effect and refer the disputed document to handwriting expert.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5519 Answers
192 Consultations

4.8 on 5.0

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