• Forge signature on partition document

My father's share in property has been transferred by putting forge signtaure on partition document (unregistered) in the year 2003.I have filed cancellation of mutation this month. What should be our next step?
Can we gor for criminal proceeding? What action should be taken?
Asked 2 years ago in Property Law from Darbhanga, Bihar
Religion: Hindu
1) when was the fraud  discovered? . file criminal complaint for cheating , criminal breach of trust , forgery under section 406 , 420 , 468 , 471 of IPC against the persons who forged the signature . 

2) you will also have to move civil court for setting aside transfer of share in property and for cancellation of partition deed on account of fraud .

3) bank cannot be made party to partition suit . in the event bank takes any proceedings for sale of property  file an intervenor application for stay of sale of the property
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
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Dear Client,Yes you can move an application under crimnal proceeding as per section 406,420,468 & 471 of IPC.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
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Lodge a criminal complaint against the persons who forged your father's signature. By approaching court bring stay on the auction of the property by bank and by moving the civil court for setting aside transfer of share in property and for cancelling partition deed executed on the basis of forged documents.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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A. I have admitted point no. 1 and 2 opinion of the Mr. Ajay Sethi,

I would like to attract your attention to the fact that 

B.. If the property transferred very long back, you can file application before the civil court for mesne profit under the section 2(12) of the Code of civil Procedure, 1908

C. You can't bring the bank for a party in partition suit and you can issue legal notice to the bank by disclosing material facts with respect to this property and injunction can be seek before the court against the bank .

D.  Give a paper publication in local newspapers to avoid selling your property from other party.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
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First of all give legal notice to the bank bringing all the facts to their knowledge and ask them not to proceed in the matter till suit is disposed of.Then seek injunction/restrain orders against the bank from auctioning the property.Besides, file criminal complaint under section 406,420,468 & 471 of IPC.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
file criminal complaint for cheating , criminal breach of trust , forgery under section 406 , 420 , 468 , 471 of IPC against the persons who forged the signature .
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. File a criminal case for cheating and forgery in the court against the person who committed this misdemeanour.

2. Cancellation of mutation alone will not suffice. File a case for cancellation of the forged partition deed as the rights of your father and the person who committed forgery flow out of the deed of partition.

3. It is legally impermissible to make the bank a party to partition proceedings in the court. In the event bank issues a legal notice for the sale of property then immediately move to court and seek a stay order.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Hello,

You should take the following course of action.

1) Approach the Debt Recovery Tribunal for stay on the auction proceedings initiated by the Bank. Or you may approach the High Court by filing a writ seeking stay of auction proceedings. 
This must be your priority since the bank will not stop the auction until you get an order from a competent court.

2) File a criminal complaint before a magistrate u/s 420, 467, 468, 471 IPC or register an FIR directly at the local police station against the person who forged your father's signatures. The investigation in the matter will take some time and after conclusion of the same the charge sheet will be filed before the competent court. After that the trial will start. Hence you must stop the bank first from auctioning the property, so that you may not loose possession. Otherwise third party rights will be crested and it will become very difficult to get hold of the property again.

Contact a local lawyer immediately to proceed in the matter.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
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You have to do the following things: 

1.	File a criminal case against the person who forged the documents under section 420, 406, 471, 467and 468 of IPC. For cheating, forgery and crl. Breach of trust.  

2.	File a civil suit against the  person who has done forgery and make the bank party to the suit.  You have to pray for the reliefs of (a) Cancellation of partition deed (b) Stay the auction by the Bank Manager. 

3.	If the loan amount is more than 10 lacs, you have to file a case in DRT to stay the auction by the Bank.  Legal notice to Bank will not serve the purpose.  The Bank manager will not stop the auction unless there is any court order.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
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1) litigation is an expensive proposition 

2) i had already advised you to file intervenor application in DRT in case bank has taken any recovery proceedings 

3) contact a local lawyer dealing with DRT cases 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0

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