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Forgery in acquiring the property of father by brother ?
06-Jan-2023 (In Property Law)
My father has 2 brothers and, one of them forged my father's signature to acquire our ancestral home. Although my uncle who did this is a very rich fellow and the house that we currently live in is a pretty small one only and we have been living there since last 30 years. But the greed of my uncle didn't end and he forged my father's signature and now the two uncles they threaten my father continuously
As per your query your uncle forged your father signature to acquired your ancestral home and your father is still alive.
For answering the query as per law some details are required :-
•Your religion ? (as property laws are different regarding a Hindu, indian and Muslim)
•status of ancestral property partitioned or still in name of your ancestors ?
(Title document of the property)
•Details of document over which your uncle forged your's father signature ?
( Relinquishment deed, gift deed, sale deed etc)
For answering the query as per law some details are required :-
•Your religion ? (as property laws are different regarding a Hindu, indian and Muslim)
•status of ancestral property partitioned or still in name of your ancestors ?
(Title document of the property)
•Details of document over which your uncle forged your's father signature ?
( Relinquishment deed, gift deed, sale deed etc)
Helpful?
50+
50+
Adv. Varun Kaushik
Gwalior | 25+ Answers
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Need to check the type of document on which the signature has been forged and thereafter only can take the appropriate measures accordingly. And nothing to worry if your father is alive then we are still open for many recourse to take as per law against your uncle.
Helpful?
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The acquiring of said ancestral home by your uncle is subject to challenge and the same could be challenged easily subject to limitation period i.e. 3 years from the date of coming into knowledge of the same.
Therefore, an immediate action should be taken against them else the case would become weak.
Therefore, an immediate action should be taken against them else the case would become weak.
Helpful?
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Adv. Mayank Upadhyay
Bhopal | 25+ Answers
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Recourse against acts of your uncles is only a Police Complaint, nothing else.
For forgery by your uncle, your father can file a complaint in Police.
Even for threatening by your uncle, your father can file complaint in Police.
But, for recovery of the property illegally taken over by your uncles, your father will also have file a civil case for:-
1) declaring the transfer of property in favour of your uncle unlawful,
2) establishing right of your father over the property.
3) getting the part of the property for which your father is legally entitled.
For forgery by your uncle, your father can file a complaint in Police.
Even for threatening by your uncle, your father can file complaint in Police.
But, for recovery of the property illegally taken over by your uncles, your father will also have file a civil case for:-
1) declaring the transfer of property in favour of your uncle unlawful,
2) establishing right of your father over the property.
3) getting the part of the property for which your father is legally entitled.
Helpful?
41+
41+
Adv. Sandeep Naik
Indore | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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