Legal Question in Real Estate Law in India
we had a bunglow in juhu, mumbai & a 2 storey building in Andheri in the name of our company which had 4 diractors incuding my father & 3 uncles, which were hypothecated with dena bank for a loan,in default bank filed suit with DRT, my father stays in Mathura(UP).my uncles passed a resoloution in the board meeting & authorized one of my uncle to sell these properties by forging signatures of my father in 2004 & sold the above mentioned properties & repaid some amount to bank, the suit is still pending with DRT for remaining dues.when my father came to know about this he spoke to my uncle & my uncle made oral promise that he will give him his share & took my father's signatures on a blank paper.after that my uncle flew to dubai & never returned.my father initially does not wanted to take action against his brother but now he is willing to claim his right. what we can do now? what legal relief we can avail to set aside that illegal act.the properties are as it is i.e. no change has been made to them & no use is being made by the purchaser till date
2 Answers from Attorneys
23.05.2013
Dear Sir / Madam,
It is too lengthy a legal process and may not yield any fruitful result because forgery is difficult to prove, which case has to be lodged by your father against your uncle. Moreover, to make matters worse, your father has foolishly signed on a blank paper to enable your uncles to write whatever they want on it. It's all over.
Regards,
Check limitation and proceed accordingly.
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