Hi
There is a very simple process to initiate the matter.
File a complaint of 420IPC in written form to the S.P of your area mentioning the fact you mentioned here.
Get the signs mismatch done by a registered handwriting expert.
Thanks
Fraud in registration of sale deed
Hi land : 1Acre 11 Cents,in Walajabad,Tamil Nadu my Grandfather died in 2002,there are four legal hier,one is Wife,1 Son and 2 Daugter,Total 4 . one of daugher name is Rajeshwari ,she is my mother,one of legal hier of my granfather. Sales deed was executed on 2006 for selling this 1.11Acre land and my mother not signed on sales deed. but i can see in copy of document my mother name mentioned as Rajeshwari and is signed . Truly it was signed by some other woman not my mother. now only we know her brother i.e my uncle was executed this deed all other legal hier signed in sale deed but not my mother.Is there any limit act for this since 14years completed from now? now only we know this matter.Pls guide how to proceed further right over the propety for 1 legal hier not signed and also Forgery was made since some other woman was signed on behalf of my mother. my mother not given any POA or any other document to sell this deed for her share.
Asked 4 years ago in Civil Law
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23 Answers
Your mother has to file suit to set aside fraudulent sale deed
2) take the plea that her signature has been forged and she did not sign the sale deed
3)that fraudulent sale was discovered by her now and suit filed has been filed within period of 3 years of fraud
You need to file suit for cancellation of registration of sale deed.
See since you got to know it now your mother can file a complaint before the police and file a suit for cancellation of the sale deed. Further your mother can claim her share in property.
- If a deed contains mistakes like mis-spellings in names, description of property, these mistakes can later be corrected through Rectification deeds.
- A deed can be rectified at any time since there is no limitation for rectification. Whenever an error found out in a deed, the parties can proceed with rectification of the error at any time.
- The registration charges and stamp duty for typographical errors are usually around Rs. 100.
- Since, now you came to know that your mother signature is not there in the document , then the parties of the said documents can corrected the same amicably.
- But, if they refuse to do the same, then your mother should lodge her compliant with the police after mentioning the fraud played by her brothers, and thereby request to lodge an FIR against them.
- Further, if police not taking any action against them, then your mother should file a complaint before the Magistrate under section 156(3) CrPc.
- This is a fit case for lodging an FIR against the culprits for cheating, forgery and conspiracy.
- Further, she should file a suit for Deceleration before the Court , for cancelling /declaring the said sale deed as null & void.
Good luck and dont forget to rating Positively.
The sale deed can be challenged and a complaint can be filed.
Regards
G.Rajaganapathy
High Court of Madras
The time limit is three years from the date of execution of the sale deed or three years from the date of knowledge of such a fraudulent act.
She can file a suit for partition claiming her share in the property ignoring the fact that her signature was forged and someone had signed the registered sale deed on her behalf.
If someone claim that she has signed it, she can challenge the same by sending the sale deed to handwriting expert's opinion by comparing her signature with that of the signature in the ale deed and also can challenge the sale deed based on the photo affixed in the registered sale deed.
1. It seems that signature of your mother has been forged.
2. The remedy in the hands of your mother is to file a criminal case for forgery and cheating and also file a civil suit for declaration of the sale deed as illegal and also seek injunction against creation of further third party rights.
Yes, your mother can sue the both the parties seller and buyer for legal documents preparing time limit is there for 12 years. But your bother can say just today she came to know the regarding transaction and than the limitations period starts.
You issue notice for forgery and fraudulently executing the sale deed without consent or permission of your mother.
File suit for cancellation of the said Sale Deed.
Time starts from the date of your knowledge.
1.your mother can file criminal complaint for forged registration with forged documents misrepresentation, cheating against the person who has executed the sale deed on behalf of original owner.
2. She can also request the Police Authority to submit the proof including inspection of documents and thoroughly check at Forensic Sc. Lab for its correctness and validity.
3. further file a suit for cancellation of Sale Deed cheating made and obtain an order cancellation of Deed directing the Sub-Registrar of Assurances to cancel the deed and also revenue and/or municipal.
Since sale deed is forged, criminal case can file even now but not civil suit for cancellation of sale deed and partition. It is barred by limitation.
Hi Yogendra, As i can all answers from others they are telling that limitation is 3 years from the date of knowledge now you are telling that it is barred.iam confused now pls advise me Hello all, Iam confused now yogendra saying that i cannot file suit since limit is barred
Asked 4 years ago
I reiterate limitation is 3 years from date oh knowledge of fraud
You should not get confused over different opinions by different advocates here.
You can choose the answer whichever suits you and proceed with the proposed case instead of getting stagnated at one place itself.
Let the court decide after hearing your side whether to take the case on it s file or not.
You did not specify the date of your knowledge, you said "Now Only", i.e., if your knowledge is within time, you can issue notice from date of knowledge and file case for cancellation.
No need to confuse, act immediately by contacting your local lawyer with all relevant documents information.
For partition suit you can file it is not barred by limitation.
1. Limitation challenging the sales on ground of fraud starts from the date of knowledge of the fraud.
2. Your mother can lodge FIR against her brother and buyer of land for execution of sales on basis of forged signatures.
3. Your mother can also file suit to set aside the sales deed on ground that it was executed by forged signatures and without her knowledge.
Limitation is 3 years from date of cause of action arise which starts from date of sale deed in 2006. and 3 years is in 2009.
So civil suit barred by limitation.
Article 58 of the Limitation Act applies and accordingly three years to be counted from the date of knowledge to file the suit..
Dear Sir,
You have to file a suit for cancellation of the sale deed on the ground that it is forged. 3. If forged sale deeds have been executed qua your property then it is worth filing civil suits for cancellation no matter how many deeds are executed.
Civil Court has jurisdiction to decide issues relating to cancellation of document alleged to be brought into existence by committing fraud.
Patna High Court: A Single Judge Bench comprising of Sanjay Kumar, J. set aside a trial court order abating a title suit ruling that declaration of voidability of a document is within the jurisdiction of a Civil Court.
Petitioner before this Court was the plaintiff in a title suit filed in trial court for cancellation of registered sale deed allegedly executed by her father in favour of the respondent-defendant. The petitioner’s submission before trial court was that the land in dispute is joint family property and that her aged had lost his consciousness for the last six months before his death. The respondent-defendant taking advantage of his mental condition executed the sale deed by committing fraud and forgery. The trial court, noting the submissions of the petitioner, abated the said suit in terms of Section 4(c) of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. Aggrieved thereby, the instant petition was filed for quashing the said order.
The High Court noted that the petitioner’s father neither received any consideration money nor executed any document nor affixed his thumb impression on the purported sale deed. The court relied on full bench decision in Ramkrit Singh v. State of Bihar, 1979 SCC OnLine Pat 30 and observed that if a document has to be set aside, civil suit would be maintainable; but a mere declaration of title or a mere declaration that the document is void can be done by the consideration authority. In the instant case, the purported sale deed was voidable and therefore it was within the jurisdiction of civil court to cancel or set aside the said document.
The Court noted that cancellation of purported sale deed was sought by petitioner on the grounds of fraud and forgery which could be determined only after recording evidence of the parties. As such, the impugned order was set aside and trial court was directed to proceed with the suit. [Gangotri Devi v. Bhukhan Singh,2018 SCC OnLine Pat 1984, decided on [deleted]]
Yes you can challenge the sale deed and file a suit for cancellation of sale deed.
It is true that the suit is barred by limitation as the time for challenge was within 3 years.
But there is a catch. The limitation starts from the day you came to know about the sale deed. If you knew and didn't act then it is barred altogether although you may file a condonation of delay application along with the suit.
If you didn't know and came to know just now then the suit is maintainable.
The limitation is 3 years from the date of knowledge.