• Fraud by own child

A property was brought by my mother in 2006 then my sister has forged my mum's signature and made a fake GPA which is not available in the registar office and mortgaged it for 5lakhs rupees to another guy so now in the ec it shows from her to him and there is no mention of the property transfer from my muma to her. What would be a proper legal procedure for this?
Asked 1 year ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

20 Answers

You can file cheating & forgery complaint before police for the same. You can also file a suit if your civil rights are violated

Prashant Nayak
Advocate, Mumbai
24894 Answers
58 Consultations

4.4 on 5.0

For Sale, transfer and mortgage deed you need SPOA not GPA .The transfer and all transactions are illegal. Challenge it before Court of law.

File FIR for cheating and forgery against the sister. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. Your mother can lodge FIR against your sister for criminal breach of trust and forgery on ground that property was morgaged without her consent or knowledge.

2. If she doesn't want to take legal actions against her daughter then best way is to clear the loan and get EC cleared.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Your mother should file case of cheating , fabrication of documents , forgery against your sister 

 

2) she should also file suit to set aside fraudulent GPA and mortgage of property 

Ajay Sethi
Advocate, Mumbai
84882 Answers
5611 Consultations

5.0 on 5.0

1. Did you get EC from the date of purchase of the property by your mother?.

2. Since the transaction of mortgaging the property by your sister to someone is recorded in EC indicates that it was the transaction which was registered. At the time of mortgaging, your sister would have provided the GPA and if she had produced a fake one, immediately the Sub Registrar would have rejected it.

3.  Moreover, if your sister had been authorised by your mother, through GPA after 2011, then registration of GPA was compulsory, without which the MODT could not have been registered.

Shashidhar S. Sastry
Advocate, Bangalore
3867 Answers
234 Consultations

5.0 on 5.0

your mother, being aggrieved person, can file a police complaint against her about forging false document, cheating, etc

 

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

Hello!

Your mother will have to file a suit for cancellation of the mortgage deed. 

Besides this she can also file a complaint for forgery and cheating against the daughter. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

1. Mother can file a police complaint against the daughter and also can file a suit before the Civil Court to cancel the transfer and mortgage done without her consent by fraud and forgery. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
148 Consultations

5.0 on 5.0

1. Since it is a Family matter, you must prefer to settle amicably.

IF ABOVE IS NOT POSSIBLE, THEN:

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & 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
5567 Answers
25 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to file a declaration suit in the District Court of praying for the declaration that said GPA is null and void and the removal of EC thereby.   

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Your mother can file 420 IPC case against both of them.

420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

 

Plus as per the Section 17 of the Indian Registration Act, This POA is not valid because its not registered.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

Is ur mom alive Or not

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

Tell your other to file FIR agasint sister.

Individual cannot mortgage property against loan. EC is wrongly changed. File FIR agasint the guy.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

A. If you want to establish your case towards property transfer transaction that you need to prove before the court as to the GPA executed from the mother to daughter  was fradulant manner i.e forgery. The burden of proof is goes to plaintiff. 

B. As far as the GPA registration is concerned, there was no mandatory registration of GPA at that time. Mere notarized GPA with sufficient stamp duty was sufficient to alienate the property. However please check Book No 4 for find out GPA in the sub registrar office for the better clarity. 

 

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

Since the proeprty is on your mother's name, only your mother has to take any action to cancel the unregistered GPA and also give a complaint against her with the police for this act of cheating and forgery, fraud and all other criminal offences.

She can declare that the Mortgage loan is not binding on her hence she is not liable to repay the mortgage loan, she can also file a suit to cancel the mortgage loan which has not been availed by her or she had consented to it.

You can help your mother to file the criminal complaint and also the civil suit as suggested.

 

T Kalaiselvan
Advocate, Vellore
74999 Answers
1257 Consultations

5.0 on 5.0

File a criminal case and a suit for recovery of possession.

Regards

Swarupananda Neogi
Advocate, Kolkata
2935 Answers
6 Consultations

4.7 on 5.0

- As per Supreme Court judgement , except a Sale deed , GPA , Agreement to sell having no legal value , and one cannot claim ownership on this type of documents.

- Since, your sister has forged and prepared a GPA in her favour. then also legally she is not owner of the property , and till date your mother is only legal owner of the property. 

- Further , your mother can transfer /sell the said property , even your sister has mortgaged her GPA to third person. 

- Further , even a registered GPA is also having no value . 

- Your mother can lodge a compliant against her for cheating and breach of trust , otherwise till date the said property is in your mothers date. 

Mohammed Shahzad
Advocate, Delhi
8461 Answers
92 Consultations

5.0 on 5.0

The said GPA is not Valid. 

Your mother can file Complaint against her u/s 420 468 of ipc 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

An fir must be lodged against bothe the parties. A suit for cancellation of the mortgage deed must be filed in the district court.

Rahul Mishra
Advocate, Lucknow
13199 Answers
47 Consultations

5.0 on 5.0

File a 420,406IPC against all of them 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer