Forgery - stock market and property related queries
I am fighting under Hindu law daughter inheritance rights with my mother and brother over property and company shares/ stock left behind by my father (expired in 2001) without a will. Also they have by forgery created duplicate Power of Attorney, Affidavits, Bank and Demat accounts in my name with a similar signature like mine and transferred shares. Also, they created transactions along with other workings in my dad’s HUF account in which I am a co-parcerner with the same duplicate signature. I am 40 years old, single never married and have been a performing artist as a professional who is always on travel.
Please answer the following queries as per the number stated below. Thanks in advance.
1. The POA with my fake sign was created in 2003. I found that document now. Is it too late to submit as a proof for forgery?
2. Is hiding a will an offence? Is there a validity of a will after a demise of a person?. Can the will be accepted with a thumb stamp and no witness?
3. Should I submit my complain of forgery to the police station or to the court to expedite the matter? What are the pros and cons of both?
4. Should I alternatively contact/write before I lodge the complain and ask the higher police officers like ACP, DCP etc to call my local area police station where I will register my complain to expedite the matter. Do you think then the local police can not be bribed THEN to bail my brother out
5. Should I get a certificate from a private hand writing analysis agency and attach it to my set of documents with the cover letter of complain that I will submit to the police station to show that the duplicate sign is no way close to my handwriting or original sign ?. Also, should I notarize all supporting docs of my case through a notary?
6. While my mother has been a housewife throughout her life post marriage my father invested in properties in her name and started the business in her name? Can she prove to the court that they are her own self earned assets? In litigation what could be the possible proofs that she can show to the court to fight her side of the case?
7. Can my bother along with my mother create a succession certificate without my sign and submit it to companies to get shares transferred in his name or get property transferred in his name?
8. As my brother is the karta of the HUF of my dad, is he responsible to take care of my medical, accident insurance after my dad’s demise? Also he has changed the nominee of my LIC from my mom’]s name to his with the duplicate forged signature without my consent. Isn’t that too an offense?
9. I found this link on the web which talks about amendment in the Hindu Succession Act 2005. My dad passed away on Oct 2001. Am I still eligible for half share of his property as per this link ?
http://www.dnaindia.com/mumbai/report-hindu-succession-act-girls-born-before-2005-law-change-now-have-equal-rights-to-property-too-2010948 READ = As regards daughters born before 9 September 2005, the judges held that they would get rights in the property upon the death of their father-coparcener (head of a joint family) on or after September 9, 2005
Asked in Criminal Law from Pune, Maharashtra
2) fraud was discovered now . Hence police complaint of forgery can be filed now
2) will is invalid as it is not attested by 2 witnesses
3) you can attach hand writing expert opinion . Not necessary to notarise all documents
4) if police refuse to registerFIR then you should lodge complaint with magistrate under section 156(3) to direct police to investigate and submit report
5) if police refuse to register complaint you can approach could missionary of police in this regards d complain against local police officers
6)if mother was house wife and had no source of income then you should take the plea that property bought in mother nane for benefit of joint family
7) if brother applies for succession certificate notice woukd have to be issued to you as you are one of legal heirs . If you have no objection then only succession certificate woukd be issued in mother and brother name
8) change of nominee on LIC policy without consent of policy holder and by forging his signature is a serious offence
9) on father demise you are one of the legal heirs of his self acquired property . Yiu have no share in ancestral property of father died before 2005
1. It is not late, much less too late, in the day to claim a cause of action on the basis of the forged document. Your limitation starts only from the date of knowledge.
2. Hiding a will is not an offence. A will has scrap value if it is not probated if it relates to properties situated in a place where the probate is mandatory.
3. A will has to be attested by at least two witnesses, failing which it is trash.
4. You should file a suit for declaration of the forged document as illegal to claim succession to the properties, movable and immovable, of your late father. Unless the document in question is declared as forged by the court it will hold good for all reasons.
5. You can apply to the court for comparing the signatures through a handwriting expert to nail the alleged forgery.
6. The amendment in the Hindu Succession Act relates to only ancestral property, whereas the property of your father is not ancestral for you. Your share is at par with the share of your mother and siblings.
7. If a petition for Succession Certificate is filed the court is to issue summons to you to come and contest their case, but you should be watchful as they may not mention your existence in their petition. So engage a local lawyer to keep a watch on what they do in the court.
1. If you have found the document recently, then yo may request court of seeking expert's opinion from forensic laboratory under section 45 of evidence act.
2. Will is valid only after the lifetime of the testator.
However a will is not valid when it is not witnessed.
3. If there is a case pending in the court then yo can approach court itself or to lodge a criminal complaint with the police.
4. If yo dont get proper response from local police then you may approach higher police official for the is purpose.
5. It is better to approach forensic lab for the purpose instead of relying the private players in this regard.
6. If the properties were bought on her name, then she will be the absolute owner, you do not have to prove it by any other source etc.
7. No. The certificate shall be issued by court, before that you will be summoned and enquired by the court in this regard.
8. Yes it is also an offence of forgery, cheating and breach of trust.
9. Dont worry about the latest amendment, that will not be applicable to this position. You are entitled for an equal share.
Thank-you for your replies. Please share more clarity on the questions below and oblige.
1. A will has scrap value if it is not probated if it relates to properties situated in a place where the probate is mandatory. In how many years after the demise of the owner of properties does one need to make a probate?
2. You said if mother was house wife and had no source of income then you should take the plea that property bought in mother name for benefit of joint family. How can I make or where can I plea? Does she have a way to prove that it’s her own self earned property by any documents or way?
3. Can the two properties that were in my father’s name transferred to any of his legal heir without a succession certificate and is the sign of all legal heirs necessary on it applicable in the city of Pune?
4. What does a joint holder ‘s right on a share holder certificate? Does the share get transferred in his name automatically
Asked 8 months ago
1) you should apply for probate at the earliest . if probate is not filed for within 3 years of demise of testator delay in filing petition for probate has to be explained
2) you have to file suit for partition to claim your share . in said suit take plea that property bought in mother name for benefit of joint family
3)in case property in father name were transferred in name of legal heir notice is required to be issued to other legal heirs before transfer is made .
4) only if no objection is received would transfer be made in favour of one legal heir
5) if property is standing in joint names name of joint owners would be rfelcted in share certifcate . on demise of one co owner his share does not get transferred to other co owner automatically
1. 3 years.
2. The plea of joint property is a very weak plea. The property registered in a person's name is his self acquired property regardless of who paid the sale consideration.
3. To transfer the immovable properties there is no need for a succession certificate. You just apply for mutation on the basis of legal heir certificate.
1. Generally the Will should be applied for grant of probate within a reasonable time say within one year, however in an affidavit the convincing reasons and the circumstances which delayed to approach the court for this purpose may be explained.
2. This is not required to be proved. As per law. there is no necessity to prove the sources of fund to purchaser the property nor who funded the purchase the property by yor mother nor her inheritance can be questioned,. Once the property is registered in her name, it becomes her own and absolute property, hence there is no need to prove anything beyond that.
3. Succession certificate wold be required only or acquiring the movable properties and not for immovable properties.
If there is a dispute in acquiring the immovable properties, then a legal heir ship certificate can be obtained from the Revenue department/Tahsildar's office.
The properties of the father who died intestate cannot be transferred on any one o the legal heirs without the other legal heirs/co-sharers relinquishing their rights by executing a registered release deed in favor of the proposed legal heir.
4. NO, the procedures meant for this purposed have to be complied with.