SUIT FOR CANCELLATION OF A SALE-DEED OBTAINED BY FRAUD WITHOUT PLAINTIFF’S CONSENT
IN THE COURT OF THE………………..
Suit No………………… of 19………………..
C. D………………………………………………………….. Plaintiff
versus
C. F……………………………………………………….. Defendant
The abovenamed plaintiff most respectfully submits as under: —
1. That the plaintiff’s husband……………….. died in……………….. leaving behind him the plaintiff, his married daughter………………… and his minor son ……………….. The plaintiff feeling herself helpless in that plight requested her daughter aforesaid and her son-in-law XY to reside with her till her minor son becomes major and begins to take the responsibility of the properties left by her deceased husband upon him. Accordingly the daughter and son-in-law aforesaid began to live with the plaintiff in her house and began to manage the affairs on her behalf.
2. That on……………….. 19……………….. XY aforesaid son-in-law of the plaintiff, misrepresented before the plaintiff that a general power of attorney is essential for the management of the affairs of the properties of her, got her thumb-marks on some stamp-papers scribed in English, which language the plaintiff does not know, and in confidence and influence of XY, she put her signatures in Hindi on the document taking it to be the General Power of Attorney, and got it registered before the Sub-Registrar of the town. But, however, the Sub-Registrar did not disclose as to the nature of the document while getting it registered.
3. That later on when on………………. 19……………….. when notice from the Nagar Mahapalika came in the absence of her son-in-law aforesaid to her about the mutation of name of her son-in-law over the properties of her, she came to know of the fraud played by him.
4. That the defendant well knew that the said representation was false and he made the same fraudulently with a view to induce the plaintiff to put her signatures on it, and admit the execution of the said deed before the Sub-Registrar.
5. The plaintiff apprehends that if the said deed remains outstanding she and her son would be deprived of the properties of theirs, and would be turned out some day from the house itself.
6. That the gift deed aforesaid is void and inoperative, and liable to be cancelled as such.
7. That the cause of action arose within the jurisdiction of this Court on ……………….. 19……………….. when the defendant got the said gift deed executed by
fraud, and lastly on……………….. 19……………….. when the plaintiff came to know that the said deed was not a deed of general power of attorney but it was a gift deed.
8. That the plaintiff is in possession of the properties which are the subject-matter of the aforesaid forged gift-deed.
9. That the suit is valued at Rs………………… for the purpose of valuation of the properties, which are subject-matter of the said gift-deed, and Rs………………… for the purpose of court fee according to the relief sought.
RELIEF CLAIMED:
The plaintiff claims to have the said gift deed adjudged void and cancelled.
Plaintiff
Through Advocate
VERIFICATION
I, abovenamed plaintiff, do hereby verify that the contents of paras ……………….. to……………….. of the plaint are true to my personal knowledge and those of paras……………….. and……………….. thereof are based on legal advice which I believe to be true.
Verified on this…………….. day of……………….. 19……………….. at………………..
Plaintiff