Hi, My dad has 3 other siblings, one of the siblings have forged my dad's signature to transfer the khata to my grandma name which is later registered to him by other siblings except my dad. How to proceed to claim the right on the property also on forged document?
Registration is still valid?
If your father was not a party to the transfer of this property to your father's sibling then he can very well file a partition suit to claim his rightful share in the property left behind by his deceased father who is reported to have died intestate.
Khata is not a title document hence your grandmother cannot transfer the entire property to her chosen son for any reason.
Your father should not be worried about the registration of proeprty done on his sibling's name, he can file a partition suit seeking division of proeprty into equal parts by metes and bounds and to allot one such share to him with separate possession, ignoring the fact of an existing registered document on the said property standing as an obstacle.
The other two siblings who have signed to register, do they have their right to claim their part property back since they were not aware of the forgery?
File suit for partition for division of property by metes and bounds
2) seek an injunction restraining sale of property by your brother
3) also file poluce complaint brother for cheating , criminal breach of trust under section 406, 420 of IPC
Registration is not valid as you had not signed any papers
Other siblings cannot claim their share in property if they have relinquished or gifted their share by registered relinquishment or gift deed
File an FIR against the act of forgery and file a partition suit. The khata is a revenue record and do not confer title on any person.
you can make a police complaint
1. You have not mentioned whether your father is alive or not.
2. If your father is alive then he alone has the locus to file a criminal complaint for forgery and also a suit for declaration of the khata as void and non est, else his Class 1 heirs can file the cases.
3. Registration is valid unless and until it is declared void and non est by the competent court.
4. The deed executed by other siblings is binding on them,
1. if there is forgery then this is a criminal case for which your father must lodge a complaint wth police at once alleging forgery of signature and criminal personaltion.
2. Then you father need to file a civil suit seeking the decree of court to set aside the deed which your uncle has falsely transferred in his name.
3. Apply for correction of name in Khata transfer as well on the basis of these cases once filed.
1. If the Khata transfer in favour of your grandmother had taken place without your father executing a registered Release Deed relinquishing his share in the property in favour of your grandmother, then your father has a right even now, to claim his legitimate share in the property.
2. Let your father send a legal notice to your uncle for claiming his legitimate share and if it's still not successful, file a case for declaration, partition and separate possession of the property by metes and bounds
2. The other two siblings can also follow the same route to stake claim over the property.
Immediately file suit for partition of the property alongwith an application for injunction restraining them from alienating or creating third party interest in the property till disposal of suit.
The registration is NOT valid as the same is got executed by playing fraud.
If other siblings have relinquished their right, they will not have right, otherwise, they will also have right.
A police complaint can also be filed against him for playing fraud etc.
The other siblings were not aware of the forgery act by him during khata transfer. They have given there part of the property to him. Now after finding out his forgery sign of my dad they want to claim there property back. What steps can be taken for them to claim their part of the property back?
Their signatures have not been forged
they have relinquished their share in property by registered relinquishment deed
the cannot claim share in property
If the transfer was not by a registered document then they may also stake their claim as a right for a legitimate share in the properties.
They can also file a partition suit claiming their share in the property. If they had transferred their share by a registered document earlier then they may even file a petition seeking cancel the same since it was obtained by fraud, however the burden to prove the fraud shall be on their shoulder.
You may file police complaint u/s 420 and 468 of IPC.
Registration is not valid.
Other siblings relinquish their share in favour of mother. They cannot claim back without your grand mother consent.
1. Lodge FIR for forged signatures and forgery of documents to claim wrongful gains by transferring joint property.
2. Also File a civil suit to set aside the transfer on ground of forgery of documents and using forged documents for transfer of property.
3. All of you claim property back Filing suit against brother who used forged signatures.
They have to issue notice for cancellation of the said transfer, followed by filing suit for cancellation of the said document.
Followed by filing police case against the fraud played by him.
Dear Sir,
You can invoke both Civil and Criminal jurisdictions and file cases.
You need to first cancel the transfer by filing suit fir cancellation before civil court
