Yes forensics examination will help but it’s not a substantive evidence and will only serve corroborative
Dear Learned Advocates, I seek your kind opinion regarding a fraudulent sale deed executed for a property in Delhi, which has been in our continuous possession for over 32 years. The property was purchased by my father in 1990 through a standard documentation chain — GPA, ATS, Receipt, and Will — and he executed a registered GPA in favor of my mother in 1991. We have lived there ever since without interruption. 🔺 I am fully aware that title cannot be claimed based on GPA, ATS, Receipt, and Will alone (per the Suraj Lamp judgment). Therefore, I respectfully request you to refrain from advising in that direction. My concern is strictly about document fraud and stamp paper misuse that enabled a fraudulent sale deed in 2006. Summary of Findings: In 2022, we discovered a parallel document chain leading to a sale deed from 2006. It involved two GPA sets with the same date and parties: 📄 Set A (Notarized GPA – Likely Genuine): GPA: Stamp Paper 23704 ATS: 23705, Affidavits: 23706, 23707 (in proper sequence with vendor stamp) 📄 Set B (Registered GPA – Used for 2006 Sale Deed): GPA: Stamp Paper 23657 ATS and Affidavits: Same stamp papers as Set A (23705–23707), reused This suggests the registered GPA was backdated and inserted later just to facilitate sale registration, replacing the original notarized GPA. The absence of vendor stamp on the registered GPA further raises doubts. Kindly Advise On: How can we verify the sale date and purchaser name of stamp papers (23657, 23704–23707)? Should we approach the Collector of Stamps or Treasury Office, or file an RTI? Would forensic examination help prove fabrication? What is the best legal remedy to challenge the 2006 sale deed? I sincerely appreciate your guidance on the appropriate legal steps to pursue this matter.
I would like to correct "The absence of vendor stamp on the registered GPA further raises doubts." has been posted by mistake. Set B which has registered GPA has vendor stamp which has been put in such a manner that it cannot be read at all.
Yes forensics examination will help but it’s not a substantive evidence and will only serve corroborative
Apply for certified copy of sale deed
2) take search of records
3) you have to file suit to set aside fraudulent sale deed
This is a serious matter involving potential fraud and a challenge to your family's long-standing possession of the property. Given the complexities, a strategic and multi-pronged legal approach is essential.
Here's my advice on the points you've raised:
1. Verifying the Sale Date and Purchaser Name of Stamp Papers (23657, 23704–23707)
This is a crucial step. Stamp papers, especially in the era before e-stamping became prevalent, were issued with records of their sale.
Approach the Collector of Stamps / Treasury Office: This is the most direct and effective approach. The office of the Collector of Stamps or the Treasury Office in Delhi maintains records of physical stamp paper sales. You should file an application (likely under the Right to Information Act if a direct application is not readily available for this type of information) requesting the following details for each of the specified stamp paper serial numbers:
Date of purchase/issue.
Name of the purchaser.
Purpose for which it was purchased (if recorded).
Name of the stamp vendor who issued it.
How to do it:
RTI Application: This is often the best route for official records. Draft a detailed RTI application addressing the Public Information Officer (PIO) of the concerned Sub-Registrar's office or the Collector of Stamps office in Delhi. Clearly mention the stamp paper serial numbers and the specific information you seek.
Fees: There will be a nominal fee for the RTI application (usually INR 10). If you request copies of documents, there will be an additional per-page fee.
Department/Public Authority: For stamp paper records, the relevant authority would typically be the Department of Stamps and Registration or the Revenue Department under the Government of NCT of Delhi. You can file an online RTI application through the Delhi government's RTI portal (rtionline.delhi.gov.in) or submit a physical application.
What to Expect: These offices are mandated to maintain these records. The information obtained will be vital in proving whether Set B GPA (Stamp Paper 23657) was genuinely purchased for the stated purpose and on the stated date, and whether the reuse of stamp papers from Set A ([deleted]) for Set B's ATS/Affidavits is indeed fraudulent.
2. Forensic Examination to Prove Fabrication
Absolutely, forensic examination will be extremely helpful and is almost certainly necessary in a case of alleged document fraud.
What a Forensic Document Examiner Can Do:
Ink Analysis: Determine the age of the ink and if different inks were used on the same document or across documents (e.g., if the signatures/dates on Set B were added later).
Paper Analysis: Examine the paper itself for any signs of tampering, alterations, or if it belongs to a different batch than originally claimed.
Handwriting/Signature Analysis: If there are disputed signatures, a forensic expert can compare them to known genuine samples.
Impression Marks: Look for indentation marks (e.g., from previous writings on papers that were removed or changed) and other physical impressions.
Stamp Impression Analysis: Verify the authenticity of any seals or stamps and compare them.
Sequence of Documents: The expert can analyze the sequential numbering of stamp papers and the content to determine if documents were backdated or inserted out of sequence. Your observation about reused stamp papers ([deleted]) is a strong point for forensic analysis.
When to Get it Done: It's best to consult with a lawyer first, but they will likely advise you to engage a qualified forensic document examiner as early as possible. This report will serve as crucial evidence in court.
Finding an Examiner: Seek out a certified and reputable forensic science laboratory or an independent forensic document examiner. Your lawyer can help you find one.
3. Best Legal Remedy to Challenge the 2006 Sale Deed
Given your continuous possession and the strong evidence of fraud, you have several legal avenues. The best approach is typically a combination of civil and potentially criminal remedies.
Civil Suit for Declaration and Cancellation of Sale Deed:
Under Specific Relief Act, 1963: You can file a civil suit in the competent Civil Court seeking a declaration that the 2006 sale deed is null and void, fraudulent, and therefore not binding on your family. You will also seek its cancellation.
Grounds: The primary grounds will be fraud, misrepresentation, and forgery. You will argue that the execution of the sale deed was a sham, based on fabricated documents and without any legitimate transfer of title or consideration.
Possession: Since you are in continuous possession, you should also seek a declaration of your lawful possession and potentially a permanent injunction restraining the other party from interfering with your possession.
Limitation Period: The limitation period to challenge a fraudulent deed is generally 3 years from the date of your knowledge of the fraud. Since you discovered it in 2022, you are within the limitation period to challenge the 2006 deed.
Criminal Complaint (FIR):
Under Indian Penal Code (IPC): You should file a criminal complaint (First Information Report - FIR) with the local police under relevant sections of the IPC, such as:
Section 420 (Cheating and dishonestly inducing delivery of property): For the fraudulent transfer.
Section 467 (Forgery of valuable security, will, etc.): For forging the GPA and other documents.
Section 468 (Forgery for purpose of cheating):
Section 471 (Using as genuine a forged document or electronic record): For using the fraudulently registered GPA.
Purpose: While the civil suit aims to invalidate the deed and protect your property rights, the criminal complaint aims to punish the perpetrators of the fraud. A police investigation can also gather additional evidence.
Interim Injunction:
In Civil Suit: As soon as you file the civil suit, you should apply for an interim injunction (a temporary court order) to prevent the fraudulent purchasers from selling, mortgaging, or otherwise creating any third-party rights in the property during the pendency of the suit. This is crucial to prevent further complications.
Adverse Possession (Important Context, but not your primary argument):
While you mentioned your continuous possession for over 32 years, and you are aware of the Suraj Lamp judgment regarding GPA sales, your continuous and uninterrupted possession could become a strong defense point against any claim by the fraudulent buyers. Although you cannot claim title through GPA/ATS/Will alone for fresh transactions, your continuous, open, hostile, and uninterrupted possession for more than 12 years (as per the Limitation Act) can mature into ownership by way of adverse possession against the true owner.
However, your primary argument should remain the fraudulent nature of the 2006 sale deed, as this directly attacks the validity of the document they are relying on. Adverse possession would be a secondary or alternative argument in case the court, for some reason, does not fully accept the fraud.
Strategic Considerations:
Engage an Experienced Property Lawyer: This is paramount. A lawyer specializing in property law and civil litigation in Delhi will be able to guide you through the intricacies of the legal process, draft the necessary pleadings, represent you in court, and advise on evidence collection.
Gather All Documents: Compile all your original documents: the 1990 GPA, ATS, Receipt, Will, and the 1991 registered GPA in favor of your mother. Also, obtain certified copies of the fraudulent 2006 sale deed and the registered GPA (Set B) from the Sub-Registrar's office.
Document Everything: Maintain a detailed record of all communications, visits to government offices, and steps taken.
Be Prepared for a Long Process: Property disputes, especially those involving fraud, can be time-consuming. Patience and persistence will be key.
The stamp paper is reported to date back before the year 2006 because the sale deed has been reportedly registered in the year 2006.
However it is perplexing that why dfid the buyer not claim the property or its possession though he got the a registered sale deed ion his name in the year 2006 itself.
You state that your possession is continuous till date without any hindrance or interruption, therefore it can be apparently seen that the so called sale deed of the year 2006 either should have been a fraudulent one created for the purpose of grabbing the property by the miscreants or the buyer was not aware of the purchase and he did not bother about this property, in either case since your uninterrupted possession is for over 3 decades, you can very well file a suit for declaration to declare your title by operating law of adverse possession on the basis of documents to support your pleadings, while you can seek additional relief to declare the 2006 sale deed as null and void owing to the manner it was executed in the year 2006 or on the basis of any other relevant facts to get that sale deed nullified. in support of your pleadings you may collect and secure all your original documents: the 1990 GPA, ATS, Receipt, Will, and the 1991 registered GPA in favor of your mother. Also, obtain certified copies of the fraudulent 2006 sale deed and the registered GPA (Set B) from the Sub-Registrar's office. You can make strong pleadings accordingly with the assistance of a prudent lawyer in the local.
The concern is not about the presence of stamp vendor's seal or stamp ion the stamp paper, you are going to challenge the fraudulent sale deed itself, hence do not go behind such petty issues.
You appear to have a strong case of document fabrication. Here's what you should do:
File RTI to the Collector of Stamps/Treasury Office for purchase details of stamp papers 23657, 23704–23707 (name, date, vendor, purpose).
Seek forensic analysis of both GPA sets to check for backdating, tampering, or ink age differences.
File a civil suit to cancel the 2006 sale deed on grounds of fraud and fabrication, supported by possession proof since 1990.
If needed, file a criminal complaint (FIR) for forgery under IPC.
You can also seek interim injunction to protect your possession.
Your situation involves serious concerns of property fraud, particularly the misuse of backdated stamp papers and the possible fabrication of a registered GPA to execute a sale deed. Given that you and your family have been in uninterrupted possession of the property for over three decades and that the 2006 sale deed appears to rely on questionable documents, it is a fit case to be legally challenged both on civil and criminal fronts.
To begin with, regarding verification of the stamp papers (specifically numbers 23657 and 23704–23707), yes, it is possible to ascertain their original purchaser and date of sale. You can file an application with the Collector of Stamps or Treasury Office of Delhi, stating the full details of each stamp paper and requesting information under the Right to Information Act (RTI). This can reveal whether these stamp papers were actually sold to the parties shown in the GPA and ATS documents and on what dates — which is crucial to proving backdating or fabrication.
Secondly, forensic examination is indeed an effective route to detect document fraud. A handwriting and document examiner can analyze the ink age, printing techniques, impressions, and any signs of tampering or overwriting. This is especially useful if you have access to original or certified copies of both the notarized GPA (Set A) and the registered GPA (Set B). Since Set B reuses the same ATS and affidavit stamp papers from Set A, a forensic comparison of those documents will support your case that they were reused or manipulated.
In terms of legal remedies, your first step should be to file a civil suit for cancellation of the fraudulent sale deed under Section 31 of the Specific Relief Act, 1963, before a civil court in Delhi. Your grounds would include fraud, fabrication, and lack of proper authority on part of the alleged executants. You should also seek a declaration that the 2006 sale deed is void ab initio.
Simultaneously, you should consider initiating criminal proceedings under Sections 420, 467, 468, and 471 of the IPC, relating to cheating and forgery. This can be done by filing a written complaint to the local police station and, if not acted upon, by filing an application under Section 156(3) CrPC before the Magistrate for registration of FIR.
Lastly, since the Suraj Lamp judgment disallows ownership claims based on GPA/ATS/Will, your possession and long-standing occupation can still be used to establish adverse possession or to challenge the fraudulent sale deed. However, your legal strategy should rest more on proving the fraud than on claiming ownership via GPA chain, which you’ve rightly acknowledged is insufficient post-2011.
This is a strong case to challenge the fraudulent transaction and protect your property rights, and timely action is crucial.
Was there any prevalence of making two GPAs in those days, one set notraized and one registered in Delhi. Someone was telling me that ther are always two sets of GPAS once, notarized and one registered which sounds strange to me. Please guide.
How to prove that the GPA has been registered in back date in registrar office? Which records will help to unearth this fraud? Please guide.
There is no such practice but people used to do it for 2 set of original documents. But only registered document has legal admissibility
Registered GPA must have been executed for sale of property as registration is mandatory for sale of property by GpA
for other purposes notarised GPA would Suffice
The notarized GPA with regard to transactions pertaining to the immovable property is not legally valid. In a notarized GPA, it isn't sufficient for the purpose of appropriating immovable property in India, only a registered GPA can be considered valid for this purpose.
The unregistered GPA is not legally valid to enforce the recitals of the deed , hence you may have to go for the registered document only. You can discuss with your advocate on the basis of the scrutinisation of the relevant papers to get clarity on the subject matter because without knowing what contents are there in both the deeds, any opinion rendered here may be a misguidance
File a Civil Suit for Declaration Injunction and Cancellation of the Sale Deed.
The queries regarding the GPAs can be answered only after reviewing them.
Fraudulent Sale Deed Using Backdated GPA (Delhi)
GPA Practice: It was not standard practice in Delhi to make two GPAs (notarized and registered) for the same transaction—only a registered GPA is legally valid for property transfer, not a notarized one.
Proving Backdating/Fraud:
Obtain certified copy of the disputed GPA from the Sub-Registrar; compare document numbers, timings, stamp paper usage, and registration records.
File RTI to Collector of Stamps/Revenue Office for purchase details (date, purchaser, vendor) of stamp papers (23657, 23704–23707).
Forensic analysis can check for ink/paper age, overwriting, or mismatched writing, helping expose backdating or fabrication.
The Sub-Registrar's chronological records and e-search system can show when documents were actually registered.
Legal Remedies: File a civil suit to cancel the 2006 sale deed for fraud/fabrication, with support from stamp/stamp paper verification, forensic report, and proof of possession. You can also file a criminal complaint for forgery if evidence is strong.
You can approach the Collector of Stamps (Stamp Duty Department) or Treasury Office in Delhi to request details related to the stamp papers in question (numbers 23657, 23704–23707). These departments maintain records of the date of sale and purchaser name for stamped papers sold by them. You may file an RTI (Right to Information) application addressed to the Collector of Stamps in Delhi seeking certified copies of the sale register entries for those specific stamp paper numbers. This is a crucial step to establish the exact date and the party who purchased the relevant stamp papers and verify if any evidence of backdating or fraudulent purchase exists. Additionally, request details of the date and purchaser to check for inconsistencies between the stamp paper issuance and the date in the deed documents.
A forensic handwriting and forensic document examination can be highly valuable to establish fabrication or backdating of the registered GPA and related documents. This includes examining ink age and type to check if documents were altered after their stated date; paper composition and stamp paper sequence; signatures, vendor stamps, and any overwriting or erasures. Engage a reputed forensic expert or government-empanelled forensic laboratory to conduct this examination and furnish a detailed report that can serve as strong evidence in your legal challenge.
You should initiate a civil suit for declaration that the 2006 sale deed is fraudulent and void ab initio, seeking cancellation (or setting aside) of the sale deed and permanent injunction preventing the purchaser or their representatives from asserting title or possession. Parallel to the civil suit, consider filing a criminal complaint under Section 420 (Cheating), Section 465 (Forgery), Section 468 (Forgery for purpose of cheating), Section 471 (Using forged document), and Section 506 (Criminal intimidation) of the Indian Penal Code against all persons involved in preparing, registering, or using forged documents. As preventive steps, apply for an interim injunction during the civil suit to restrain the purchaser or other parties from dealing with the property or attempting dispossession. Simultaneously, bring the matter to the notice of the Sub-Registrar’s office where the sale deed was registered, requesting that they investigate possible forgery or fraud related to registration of the deed. Inform the Collector of Stamps about the suspected misuse of stamp papers so they can investigate possible irregularities or malpractices in selling or reusing stamp papers.
Collect and preserve all original documents, correspondence, or receipts showing continuous possession. Engage a well-experienced property and civil lawyer specializing in fraudulent document cases and property disputes in Delhi. Consider seeking court-ordered forensic examination during litigation if the opponent denies fraud. You may also explore caveat filing in the relevant courts and with the Sub-Registrar to prevent unilateral future registration or transactions by the purchaser.
You should begin by obtaining official records from the Collector of Stamps through an RTI or direct application to verify the authenticity and purchaser details of the disputed stamp papers. Conducting forensic examination will provide strong technical evidence against fabrication and backdating. Meanwhile, initiate civil and criminal proceedings promptly to challenge the fraudulent sale deed and protect your rights over the property. Inform the authorities overseeing stamp papers and registration to trigger administrative and investigative actions.
If you wish, I can assist in drafting the RTI application, criminal complaint, and civil suit petition or guide you through appointing a qualified forensic expert. Please feel free to contact me for a professional consultation to chart out a detailed action plan tailored to your case.
It’s not standard practice to make two GPAs one notarized and one registered. A registered GPA holds legal value; a notarized one does not transfer property rights.
To prove backdated registration, check the registrar’s entry book, receipt records, serial numbers, and digital logs. File RTI or seek a forensic document expert if needed.