• Declaratory suit

My wife forged my signatures and became a joint owner (first applicant) of a property (apartment) for which I had applied. The property is still under construction and as of now only a provisional allotment letter has been issued. I have made all the payments of the property and now am desirous of selling it. But my wife is completely refusing to sell it. Notwithstanding the future of our relationship, what are my options?

Can I file a declaratory suit and change the ownership of the property?
If yes, can I do it now, before possession.  What is the detailed procedure?
Asked 1 year ago in Property Law from Greater Noida, Uttar Pradesh
Religion: Hindu
1) file police complaint of cheating , forgery against your wife 

2) you can file declaratory suit that you are absolute owner of property as full consideration has been paid by you 

3) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
44215 Answers
2564 Consultations

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What will a declaratory suit do if your wife is the joint owner? In a suit for declaration the court does not at its whims and fancies declare someone as the owner. You have to prove the forgery of your wife to succeed in your declaratory suit
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

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1. Where did your wife forged your signature and became co-owner of the apartment fully financed by you? In which document did she put your forged signature and to whom she has submitted the said document bearing your forged signature? Is it before the builder/developer? if so, you should write to the said person informing that you had not signed any document by which you have made your wife as the co-owner of the said property.

2. Since the sale deed has not yet been registered and you have received only the provisional allotment, you can write to the developer as advised above and change te allotment letter in your name.

3. After deleting the name of your wife as co-ownership, you can resale the said flat.

4. If the builder refuses to comply with your request, you shall have to file a declaratory suit for making the above change by court order as discussed above.
Krishna Kishore Ganguly
Advocate, Kolkata
18113 Answers
438 Consultations

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It is certain that an under construction flat would not have been registered on your name yet by a registered sale deed document.
There would have been a registered sale agreement only as of now.
If you suspect forgery in this then you can very well file a criminal complaint agaisnt the persons who manipulated the same, however please explain that how could an already registered document can be registered once again by making a third party as a joint owner without the consent of the actual owner.
If the same was not done through a registered document and is a mere formality with the builder, then  you can object to it and get it cancelled with the builder by issuing a legal notice to the builder in this regard. 

Before getting the property registered on your name by a registered sale deed document you cannot claim yourself as a owner of the property hence any suit to declare the title will not be maintainable. 
T Kalaiselvan
Advocate, Vellore
34383 Answers
368 Consultations

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