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Urgent Legal Advice – Forged Signatures and Unauthorized Mortgage of J


11-Sep-2026 (In Criminal Law)
My jointly owned property was mortgaged with AU Small Finance Bank as security for a loan/CC facility taken by my elder brother, without my knowledge or consent. My signatures appear to have been forged on loan/mortgage documents, and I never took the loan, received any loan amount, or gave any OTP/consent. The bank is now seeking surrender of the property. I filed a police complaint on 31 Aug 2026 and complaints to SP/IG/DGP, but no action has been taken. I need urgent legal advice to protect m
Answers (5)

Answer #1
695 votes
The facts stated by you indicate a serious dispute concerning the alleged mortgage, use of the jointly owned property, and alleged forgery of signatures. The matter requires examination of the relevant loan and mortgage documents, title documents, and the complaints already submitted to the police authorities. Kindly consult an advocate personally with all relevant documents for a detailed legal assessment of the matter and appropriate legal assistance.
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Answer #2
541 votes
Since you are a co-owner and allege that your signatures were forged, you should immediately obtain certified copies of the complete loan/mortgage documents, KYC records, consent/OTP records, valuation report and bank file. Send a legal notice to the bank disputing the mortgage and demanding that no coercive action be taken against your share. Simultaneously, pursue the police complaint for forgery, cheating and use of forged documents, and seek an independent handwriting/signature examination. If the bank has initiated SARFAESI proceedings, the remedy before the DRT under Section 17 should be examined urgently. Depending on the exact title and mortgage documents, a declaration that the mortgage is not binding on your share and appropriate interim protection/injunction may also be required. A co-owner’s rights cannot ordinarily be created or transferred by another person merely by forging his/her signature. � Sci API +1
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Answer #3
772 votes
Immediately issue a legal notice to AU Small Finance Bank denying execution/consent and demanding the complete loan and mortgage file, KYC, original documents, signatures and OTP/e-consent records. Since the signatures are allegedly forged, pursue criminal action for forgery/cheating and, as no action has been taken despite the complaint, move the Jurisdictional Magistrate under Section 175(3) BNSS for investigation. � India Code Simultaneously, if the Bank has initiated SARFAESI proceedings, file an appropriate Section 17 SARFAESI application before DRT challenging the mortgage/security interest and seek urgent interim protection against dispossession.
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Answer #4
546 votes
Greetings for the day, In this situation you must file objections in the proceedings going on for attachment of said immovable property against your elder brother. Apart from this, more factual insights will be required to give any further assistance.
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Answer #5
842 votes
Since the police have failed to register the FIR despite the complaint and representations to senior officers, the client should immediately approach the jurisdictional Magistrate under Section 175(3) BNSS, seeking directions for registration of FIR and investigation into the alleged forgery, cheating and unauthorized mortgage of the jointly owned property.
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