Legal Question in Civil Rights Law in India

Dear Sir,

The property is on my mother's name which is a joint Hindu family property. We have filed a suit for partition against my mother. During the partition suit is pending and court temporary injection, My mother sold the property to somebody who is also one of the dependent in that partition suit. By forging our signatures one of the plaintiff submitted a compromise memo (out of court) which contains three forgery signatures. The signatures on memo now proved as free hand forgery. In this regard please clarify my doubts on the property.

1. Since the signatures are proved as forged, what happens to the registration sale deed knowingly done both purchaser and seller during court pendancy of suit and temporary injection order?

2. What happens to the judgment delivered by court based on the false memo submitted by the dependents and based on that suit is not pressed?

3. What will be the action of court on purchaser and seller for misleading the Honorable court?

Thanking you sir

Sincerely,

Chin


Asked on 6/12/11, 10:32 pm

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

1. In view of express provisions of specific relief act, you need to obtain appropriate decree from court of competent civil jurisdiction. There is a 2007 Andhra Pradesh High Court Full Bench Judgment providing for registration of a cancellation in such cases.

2. Needs to be set aside.

3. Court may invoke 340 Cr.P.C.

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Answered on 6/16/11, 10:29 pm


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