Debashis Karan
Asked February 08, 2017

Cancellation of deed: Questions

  • 1 Answer
  • 331 Views

For a Deed forgery case could yours please suggest an authorized / competent organization whose decision like signature mismatching etc. is acceptable in Court or other government organization. So that based on the decision of that organization I could proceed for a Deed cancellation case in court. And Can I proceed for cancellation even after 18 years?

Answer 1

Sir,

The Indian Penal Code, 1860 defines what forgery is (S. 464 and S. 465). It clearly lays down what amounts to forgery and what are the legal repercussions of forging a document or deed. In order to commit forgery there are two essential criteria which needs to be satisfied. These are as follows:

  • There has to be making of a false document or false electronic record.
  • There has to be an intention attached with the making
  • Either to damage or cause injury to any person or public.
  • To support any claim or title.
  • To make anyone part with his property.
  • To lure someone to enter into any form of contract – express or implied.
  • With the knowledge that fraud may be committed or with the intention to commit fraud.
  • Although this section lays down the sine qua non for forgery, in order to determine forgery, both Ss. 463 and 464 have to be read together. The first part of forgery relating to making of a false document has to be determined in the light of S. 464 of the Code to determine whether the document in question is false or not.

    Regarding the presence of any organization or body, the Court however allows for the suggestion or opinion of hand writing experts, if the need so arises.

    There is a limitation period for approaching the court in cases of forgery. One has to approach the court within 3 years of finding out/gaining knowledge about the fraud. In this case, it doesn’t matter if the deed is 18 years old or not as long as you had found out about the fraud and approached the court within 3 years of finding out about the fraud.

     

    Hope this helps!

    Agree Comment 0 Agrees almost 4 years ago

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