• Forge signature for joint property sell

We (myself & my brother) jointly purchased one shop long back (the year 1995) & started a joint business. After a few years I moved out of India and he was continuing with the business. Suddenly in the year 2018, I was informed by brother that he sold the shop and he wanted my consent signature on plain paper. i refused to give my consent. He is also not ready to give my share from the property sell deed. Considering the situation, I am in belief that he must have done my forge signature for property sell (As I remember that one time he forged my signature on cheque during our joint business activities)
Kindly advise what immediate action can be taken considering that currently, I am outside India. The shop is in Shahad area near Kalyan (Maharastra).
Asked 5 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

If the property was purchased by a registered sale deed on joint names, then you both are the legal owners of the property.

Therefore it will not be possible for your brother to forge your signature before the registrar to sell the property held on the joint names, because not only forging the signature  he has to arrange another person having your identity card to impersonate you at the time of registering the sale deed. 

However you can verify the status of the property by obtaining EC of the property and if you find that the property has been sold by him without your knowledge, you can immediately file a suit for cancellation of the sale deed and also to partition  the proeprty   and to allot you  your rightful share in it with separate possession.

You can also lodge a criminal  complaint with the local police for his criminal activities of fogging your signature as well as for impersonation offences. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If your signature has been forged file police complaint against brother for cheating , forgery 

 

2) file suit to set aside sale deed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can file a criminal complaint to the local police station and then court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. If you purchased thus property jointly with your brother then you have half share in it which can not be transferred by your brother without your consent.

2. If he does the same would amount to crime.

3. Therefore first file a civil suit for partition to stop selling any share.

4. if he has sold your share then lodge a complaint of cheating. forgery with Police. Suit for recovery of possession and for declaration would also lie.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Execute POA in favour of family member to take legal proceedings against your brother 

 

POA should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The EC can be obtained online also 

 

You may have to log on to registration department website,  follow the directions and procure the EC.

The latest document is not required to be possessed for obtaining EC.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. "Immovable Property" simply CANNOT be sold with "forged signatures", more so specifically since it is MANDATORY to Register the property before office of Registrar of Sub-Assurances, who records physical presence of Seller with Digital Photo, Finger Print and physical Witnesses. Without this property cannot be sold & registered. An unregistered property is illegal and not possible.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can submit it later and apply the same online ot by filing certified copy application through post. First you can begin with complaint filing

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Find out from the office of sub-registrar whether your signature has been forged. If it is forged then you can file a criminal complaint for forgery and cheating and get the FIR registered.

2. Simultaneously you can file a suit for declaration of the sale deed as void. Alternative prayer in the suit can be to direct him to pay 50% of sale consideration to you.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer