Fake or fraudulent sale deeds are a growing concern in property transactions across Pakistan. Whether the deed was executed using forged signatures, fake documents, or without the true owner’s consent, such transactions must be challenged through proper legal channels.
This article explains the procedure for cancellation of a fake sale deed, relevant laws in Pakistan, and the legal remedies available to the rightful owner.
Applicable Laws in Pakistan
- Transfer of Property Act, 1882**
- Registration Act, 1908**
- Specific Relief Act, 1877**
- Civil Procedure Code (CPC), 1908**
- Pakistan Penal Code (PPC), 1860** (for criminal liability)
What is a Fake Sale Deed?
A fake sale deed is a fraudulent or forged document that transfers ownership of property through illegal or unauthorized means. This may include:
- Use of forged signatures
- Misrepresentation or impersonation
- Sale without owner’s consent or knowledge
- Fabricated witnesses or thumb impressions
- Use of fake CNICs or forged documents
Procedure for Cancellation of a Fake Sale Deed in Pakistan
A sale deed is a legal document that transfers ownership of property from the seller to the buyer. Unfortunately, fraudulent sale deeds can occur, leading to complex legal battles. If you believe you are a victim of a fake sale deed, it is essential to understand the cancellation procedure under Pakistani law to protect your property rights.
Grounds for Cancellation
A sale deed can be cancelled if it is proven to be fake or fraudulent. Common grounds for cancellation include:
- Forgery: The sale deed was forged or fabricated.
- Fraud: The sale deed was executed through deception or misrepresentation.
- Impersonation: Someone impersonated the actual owner to execute the sale deed.
- Lack of Consideration: No money was exchanged for the property transfer.
- Minority: The person who executed the sale deed was a minor at the time.
- Coercion: The sale deed was signed under duress or coercion.
Legal Procedure for Cancellation
The process for cancelling a fake sale deed involves several legal steps:
- File a Civil Suit:
- The first step is to file a civil suit in the appropriate court. The court with jurisdiction depends on the property’s location and value.
- The suit should seek a declaration that the sale deed is fake and void and request its cancellation.
- Specific Relief Act, 1877: Section 39 of the Specific Relief Act (I of 1877) allows a person to seek the cancellation of a written instrument if they have reasonable apprehension that such instrument, if left outstanding, may cause them serious injury
- Drafting the Plaint:
- The plaint (the initial document filed in court) must clearly state the facts of the case, the grounds for claiming the sale deed is fake, and the relief sought (cancellation of the deed).
- It is crucial to provide detailed particulars of the fraud, forgery, or misrepresentation.
- In Rana MUHAMMAD RAMZAN v. Malik SAEED HUSSAIN, 2001 Y L R 2567, the Lahore High Court emphasized the importance of providing detailed particulars of fraud in pleadings.
- Gather Evidence:
- Collect all relevant documents to support your case. This evidence may include:
- The original sale deed (if available)
- Copies of land records (Fard)
- Forensic reports (if forgery is alleged)
- Witness testimonies
- Any other evidence that proves the fraud or forgery
- In Sarwar and 11 others v Sikandar and 9 others, 2012 YLR 2846, the court emphasized the importance of fingerprint expert testimony in proving allegations of forgery.
- Serve Notice to the Defendant:
- Once the suit is filed, the court will issue a notice to the defendant (the person who benefited from the fake sale deed) to appear in court and respond to the allegations.
- Court Proceedings:
- Both parties will present their evidence and arguments in court.
- The court will examine the evidence, hear the witnesses, and determine whether the sale deed is indeed fake or fraudulent.
- In Muhammad Yousaf v. Muhammad Sharif and others, 2006 MLD 796, the Lahore High Court emphasized the importance of protecting the interests of vulnerable individuals, particularly illiterate women, in property transactions.
- Court Decision and Decree:
- If the court concludes that the sale deed is fake, it will issue a decree (court order) cancelling the sale deed.
- The decree will be registered with the relevant land registration authority to update the land records.
- In Mst. ZAIBUNISA and others Versus IQBAL AHMED and others, PLD 2019 Sindh 574, the Sindh High Court declared a sale deed void ab initio (from the beginning) due to fraudulent activities.
Limitation Period
- The Limitation Act, 1908, specifies the time period within which a suit for cancellation of a sale deed must be filed.
- Generally, the limitation period is three years from the date when the fraud or forgery becomes known to the plaintiff.
- In ALI MUHAMMAD and another versus Mst. SAEEDA and 3 others, 2015 YLR 1937, the Sindh High Court held that the limitation period starts from the date of knowledge of the fraud.
Key Legal Aspects
- Burden of Proof: The burden of proof lies on the plaintiff (the person seeking cancellation) to prove that the sale deed is fake or fraudulent.
- Registered Document: A registered sale deed carries a presumption of truth. However, this presumption can be rebutted by strong evidence of fraud or forgery.
- In Muhammad Tufail v. Abdul Aziz, PLD 1998 Lahore 137, the Lahore High Court clarified that while a registered document carries a presumption of genuineness, this presumption is rebuttable.
- Qanun-e-Shahadat, 1984: This law governs the rules of evidence in Pakistan. Article 79 emphasizes the importance of credible witness testimony.
Precautions to Avoid Fraudulent Sale Deeds
- Due Diligence: Always conduct thorough due diligence before purchasing property. Verify the seller’s identity and ownership documents.
- Legal Advice: Seek legal advice from a qualified lawyer before entering into any property transaction.
- Physical Verification: Physically inspect the property and verify its boundaries and possession.
- Record of Rights: Always check the latest land records (Fard) to ensure there are no existing claims or disputes.
Conclusion
Cancellation of a fake sale deed in Pakistan requires timely legal action through a civil court and, in some cases, criminal prosecution. The rightful owner must seek remedy under Section 39 of the Specific Relief Act along with evidence of fraud or forgery.
Delaying legal action can complicate matters and allow fraudsters to further dispose of the property. Immediate court intervention is the safest route to reclaiming ownership.