• Unregistered sale deed

Person X got some money ( cash) from me for his expenses. He has given back our money Rs.10 lakshs through cheque on 16 august 2015. I deposited cheque in my bank and money is credited in my account there is no written evidence for giving and getting back money. 

I have sold on of my land on June 2016 to some buyer. Now in 2023 , person X showed one forged unregistered sale agreement with mentioning the same cheque number for transactions evidence and the duration of agreement is 16 August 2015 to July 2018 as a three year period. 

Now he told that i have breached the agreement ie i have sold the land to some one during agreement period, so he will file a civil suit to claim a land and give a criminal case against me. he almost threatening me. 
1) Is it possible to file a civil suit and criminal case in 2023. 
2) is there any risk for the person who purchased my land
Asked 9 months ago in Property Law
Religion: Hindu

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16 Answers

1. It's time barred by limitation. Only under special circumstances the delay may be condoned. Hence it's not possible to file civil and criminal case.

2.  If the condonation of delay is not granted by the Court and the petition is dismissed, there can't be any risk for the person who purchased your land.

Shashidhar S. Sastry
Advocate, Bangalore
5164 Answers
314 Consultations

5.0 on 5.0

Dear Client

Filing a Civil Suit and Criminal Case in 2023:

In India, there are statutes of limitations that prescribe the time within which a person can file a civil suit or a criminal case for a particular cause of action. For breach of contract (such as an alleged breach of the sale agreement), the limitation period for filing a civil suit is generally three years from the date when the breach occurred or should have been discovered.
If the alleged breach of the agreement occurred in 2016 when you sold the land, it might be beyond the three-year limitation period for filing a civil suit, assuming no circumstances that would extend or toll the limitation period.
As for a criminal case, it would typically involve allegations of fraud or forgery. Criminal cases can be filed even after several years, but the specific laws and limitation periods for criminal cases can vary. It's advisable to consult with a criminal defense attorney regarding the potential criminal charges.
Risk for the Buyer of Your Land:

The risk for the buyer of your land depends on various factors, including the validity of the sale agreement presented by Person X.
If the sale agreement presented by Person X is indeed forged or lacks validity, it may not have any legal standing, and the buyer may not be at risk.
However, if the court determines that there was a valid agreement between you and Person X that prohibited you from selling the land during the specified period, it could potentially affect the buyer's ownership rights. The buyer may have to defend their ownership rights in court.

Thank you

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

1)civil suit Is barred by limitation

 

2) take the plea that sale agreement is forged 

 

3) file police complaint against person for fabrication f documents and forgery 

 

4) purchaser would be made party to the suit 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

1.  Criminal case is under criminal law and the civil case is under civil law, there is no restrictions to file both the cases simultaneously 

2. If there is a case filed then it has to be challenged on merits and documentary evidences. 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

If agreement is forged one then you are not bound by such agreement. Secondly agreement is neither registered nor proper stamp duty is paid so such agreement has no legal sanctity. Case would be time barred also. Terms of agreement is required to be looked into. 

 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

If signature has been forged handwriting expert can give opinion whether signature is genuine or not 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

Yes, it's possible through forensic investigation. 

Shashidhar S. Sastry
Advocate, Bangalore
5164 Answers
314 Consultations

5.0 on 5.0

  1. Filing a Civil Suit: In many jurisdictions, the time limit for filing a civil suit can vary depending on the nature of the claim. Generally, a civil suit for breach of contract should be filed within a certain period from the date of the alleged breach, and this period can vary. In your case, the violation of the agreement can only be determined by the date of the agreement and the tenure of the agreement. 

  2. Criminal Case: Whether a criminal case can be filed depends on the specific allegations. If person X believes a criminal offence has occurred, they may report it to the appropriate authorities like the Police or may file a private complaint before the court, which will then decide whether to pursue criminal charges.

  3. Forgery Allegations: If you believe that the sale agreement provided by person X is forged, it's crucial to gather evidence and provide a copy of the same to a local lawyer. Forgery is a serious offence, and if you have evidence to support your claim that the document is forged, this can be a critical defence in any legal proceedings.

  4. Risk to the Buyer: The buyer of your land might face legal complications if the sale agreement provided by person X leads to a dispute over ownership. It's essential for the buyer to consult with a lawyer to understand their rights and potential risks. If the sale was made in good faith and based on genuine documents, the buyer might have legal protections, but the outcome can be influenced by various factors, including the authenticity of documents and local property laws.

Akram Khan
Advocate, Gwalior
20 Answers

Not rated

No, it is tentative only. In forgery signature does not tally. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

For criminal actions there is no such limitation period but for civil it has to be filed within 3 years otherwise it will be time bared 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

An application under section 45 of Indian evidence act can be filed to find out the age of ink through any central forensic sciences department, but the results are not guaranteed.

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

It is now barred by limitation.

NO risk.

age of the signature - NO
But forged signature can be identified.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

1. It is possible to file criminal as well as civil case against you if he can submit evidence that you have signed the said agreement.

 

2. There will be hardly any problem to be faced by the buyer  since the agreement was unregistered and he had no scope to find out that there is an agreement signed by you and your friend before the buyer purchased the land. 

Krishna Kishore Ganguly
Advocate, Kolkata
27227 Answers
726 Consultations

5.0 on 5.0

Forensic investigation can correctly identify whether a signature is genuine or forged. 

Krishna Kishore Ganguly
Advocate, Kolkata
27227 Answers
726 Consultations

5.0 on 5.0

Dear Client 

Yes, through forensic investigation, it is possible to identify signature forgery and determine the age of a signature, although the level of accuracy can vary depending on several factors. Forensic handwriting analysis is a specialized field within forensic science that deals with the examination of handwriting, signatures, and related documents for authenticity and authorship determination.
Forensic handwriting experts are trained to examine various aspects of a signature, including stroke patterns, pen pressure, letter formations, and overall consistency.

They compare the questioned signature (the one in question) with known genuine signatures of the individual in question.

Differences in writing characteristics, inconsistencies, or anomalies in the questioned signature may indicate forgery.

Experts use a combination of qualitative and quantitative analysis to make determinations about the authenticity of a signature.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

1. The limitation of filing a recovery suit or performance suit is limited to 3 years from the date of execution of the agreement. 

- If he alleged that the agreement was entered on 16.08.2015 , then the limitation period for filing the any case is expired. 

2. No. 

- Yes, it can be verified , however he cannot take any legal action against you for the said payment after a long period of about 8 years. 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

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