Legal Question in Criminal Law in India
A flat was in the name of my mother. My friend made me sign sum papers under influence. I know realised that he played fraud on me. In the papers it is written that I have given 50% of my rights in the said flat to him the rest 50% is that of my brother. He forged signatures of witnesses? Is the document on that ground forged & fabricated? Also if the flat was in the name of my mother so is any such document complete without the signatures and consent of other legal heirs ? Please advice
3 Answers from Attorneys
The crucial fact you have missed is whether on the date when the document is alleged to be signed your mother was alive or not. If the property belongs to your mother then mother's signature are required on the document. Your signature are meaningful after the death of your mother. But in that event you could only transfer right to the extent of your share and not more.
you must apply for a declaration that the paper signed by you be canceled being void on the ground that you have no right to sell the undivided share and the property is still in the name of your mother. you can elaborate the circumstances under which you executed the papers.
U may file suit 4 declaration & injunction against ur said frend for claiming any title from the said paper as being void , on the other hand property can't be transfered on unregistered document,the said document is can't be used ur lifetime but same can becomes an important document after u.
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