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.
5 Answers from Attorneys
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.
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.
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.
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.
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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