Land registration dispute
Respected Sir / Madam,
My father had purchased a site of 1 acre in 1995 in a rural area. He passed away in 98. we have come to know that one of the land grabber forged his signature and created false documents of agreement of sale and receipt. The signature on documents is not even close to his original signature. A civil case was filed in civil court of that district and got a decree from special civil judge fastrack court , that the property must be registered on the land grabber basis false documents. Thereafter after 1yr the civil judge has done registration to the land grabber. My father passed away in Feb 1998 however the land grabber the judgement says the land grabber contacted my father in March 98 and June 98...which is self explanatory lie. 2) my father was working as Group 1 officer in state government his official signature and signature of agreement of sale and receipt do not have any resemblance.
Please suggest how to approach this case and any good, honest civil lawyers whom I can contact. I am also confused how the judge went ahead and did the registration on the land grabbers name.
Asked 2 years ago in Civil Law from Hyderabad, Telangana
File an appeal against the decree content that The court below went wrong in appreciating the oral and documentary evidence adduced by you. The court below has not appreciated the pleadings and the evidence adduced by the appellant in its real perspective. In the nature of pleadings and evidence the court below ought to have found that the plaintiff has approach the court with the case of true facts and as such the court below ought to have decreed the suit allowing the relief’s claimed in the plaint.
Adduce additional evidence try for remand .
1) what were you doing for 18 years ?
2) decree was passed in 1998 . An appeal should have been filed by your father and on his demise legal heirs could have been brought on record to continue appeal
3) you have to explain reasons for not filing appeal for 18 years
4) appeal would be barred by limitation
Dear Sir, The decree was issued in 2006 and registration done in 2007. I was in a travelling job and came to know about this only now. Earlier my elder brother was looking into these matters he also recently passed away in Dec 2014. By virtue of time its been 8yrs since the decree. Can i file for appeal now? and how to get official signature from fathers govt records? Regards,
Asked 2 years ago
If you are exparty in case and an exparty decree is obtained to the plaintiff then file setting aside the decree with a petition to condone the delay. File RTI Application for getting signature. You can also use the pension book of your father for the purpose of signature verification
1) you have to explain delay of 10 years in filing appeal .
2) appeal appears to be barred by limitation
3)you must be having your father PAN card , passport , bank account which reflects his signature .
4) that would be sufficient to show your father signature
1. You should file a police complaint also against the land grabber for fraudulently faking your father's signature,1
2. You can file a declaratory suit praying for declaration that your father has not sold his said landed property to the land grabber based on the documents you are holding and also you can ask for getting your father's signature verified through Govt. forensic laboratory.
3. Alternatively, you can challenge the order of the lower court before the appellate court.
1.You can file the appeal with an application for condonation of delay,
2. If the daeay is not condoned and the appeal is rejected on the ground of maintainibility, file a fresh declaratory suit a suggested in my earlier post.
Hi, you no other options you have to file a appeal to the appellate court.
The comparison of signature will be taken up during trial in the appeal and not now.
No doubt you can prefer an appeal even now but you must file a petition under section 5 of limitation act along with an affidavit explaining the reason for delay in preferring the resent appeal.
Only after the condone delay petition is allowed, the appeal shall be taken up for hearing.
If your father was sure about the signature aspect, he could have contested it properly, so introspect where and what went wrong.