Legal Question in Real Estate Law in India

Forgery

We are owners of many flats, after my father expired his broker took over 2 flats which we own by forging my fathers signature and registered them without our concent. He claims that he paid my father cash and not cheque as he required it. Its been 2 years now, we have gone to the police and filed a 420 case. Is this the right move? We do not want to go to the court as it will take years. Please advice.


Asked on 12/15/08, 6:10 am

5 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Forgery

Only Civil Court can order cancellation of forged documents or declare forged documents null and void and restore your possession.

Criminal action is meant to punish the offender.

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Answered on 12/17/08, 6:13 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Forgery

Hello.

Can you please tell me who is in the possesion of two flats.

In this case you also need to file a civil suit.

Please contact personally asap.

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Answered on 12/15/08, 6:17 am
Nasir Butt Nasir Law Associates

Re: Forgery

Either you wish or not wish, you have to file civil case for declaration, cancellation of document, possession etc.

Criminal case is also maintainable provided you have sufficient proofs.

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Answered on 12/15/08, 7:42 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Forgery

You may finally need to go to the courts.

Apart from criminal complaint lodged by you with the police, you may also need to seek cancellation of the deeds/ documents executed by the broker in the name of intending buyers/transferees by filing civil suits.

You may also seek re-possession of the flats if the possession is with the transferee.

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Answered on 12/16/08, 12:31 pm
Vishwa Arya Arya & Co.

Re: Forgery

Dear Gentlemen:

You need to exercise civil remedy available to you. Even though you did not specifically mentioned about the possession of two flats, but, I assume a limb of possession taken over by the broker. You need to file a civil suit seeking declaration, cancellation of the forged documents and possession of the flats.

Vishwa

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Answered on 12/15/08, 10:46 am


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