Complicated
Querist :
Anonymous
(Querist) 01 April 2010
This query is : Resolved
'A' goes to the municipality and applies for a death certificate regarding a property in which there is already a civil dispute.
He find that the person 'B' who is in possession has a power of attorney, dated after the death as per the death certificate procured by him.
Now, A initiates criminal proceeding against B. But my technicalities the suit was dismissed.
B then files an FIR U/S 465,467,468,120-B,114, and A has already been charge-sheet, but the trial has not begun since 5 years
---that is not the end of it---
Now, A can prove beyond doubt that B's power of attorney is a forged one.
The question as :-
1) the municipality wasn't made a party. because if you/I go to the municipality and get a certificate which has a wrong date; isn't it the fault to some extent of teh municipality.
2) (read very important) what should be A's line of defense, to first prove that he is innocent in the matter of the death certificate. OR to go ahead and attack B, and prove that he had no authority.
Need to find precedents and work hard on this!!!
adv. rajeev ( rajoo )
(Expert) 02 April 2010
Municipality will not be the party to the proceedings because the date given by the applicant will be entered the registrar. Municipality will not go voluntarily to make an investigation of date of death/birth and it is not there duty.
Raj Kumar Makkad
(Expert) 02 April 2010
A can plead his innocence on the basis of wrong entry made by municipality in its record and he can be got dischaged but in the light of facts before me, it is better to first come out of the case filed by B rather opening a new front at this stage. A should confine at this stage only to defend himself.
Querist :
Anonymous
(Querist) 02 April 2010
so, two wrongs don't make a 'right'.
so, what about precedents that could read to study the matter further.
Querist :
Anonymous
(Querist) 02 April 2010
precedents???? any
