Under which code tahsildar,talathi can be tried ??
truelife
(Querist) 18 May 2013
This query is : Resolved
In a Property case, there are two legal owners on the right of the property A) landlady B) Her son who is foriegner. After the death of the landlady the rent collector files for the claim of property and applies for change of name in mutation with the tahsildar on the basis of gift deed (forged will) without probate. The tahsildar intentionally knowing all orders for the change of right in favor of rent collector on the basis of will without probate??? beside sec 80 of the ipc is there any section under which the case can be filed against tahsildar and the rent collector?????
R.K Nanda
(Expert) 19 May 2013
consult local lawyer.
truelife
(Querist) 19 May 2013
Respected Adv. R.K Nanda it is in the juridiction of mumbai high court
Raj Kumar Makkad
(Expert) 19 May 2013
Your facts are contradictory. If the ownership has been transferred on the basis of gift deed then there is no question of probate and even probate of will is not necessary in every part of country. The will can definitely got challenged by concerned persons before civil court.
Tehsildar can be got tried under section 420/467/468 & 471 read with section 34 of IPC
truelife
(Querist) 19 May 2013
thank you for opinion Respected Adv R. Makkad, my question is the rent collector forged the gift deed after the death of land lady on a stamp paper with two witness and is not registered .. then still the tahsildar can entertain it and tranfer the ownership rights in rent collector's favor.
Raj Kumar Makkad
(Expert) 19 May 2013
Tehsildar has no mechanism to judge about the genuinness of any document produced before it to act upon. If you have knowledge about the forgery of gift deed then do challenge it both before civil court as well as initiate criminal action if you smell any foul play.
truelife
(Querist) 19 May 2013
Thank you Sir for your kind advice.
