Forged will within the Family members & partition

Querist : Anonymous (Querist) 14 December 2009 This query is : Resolved
Sir,

If there is a partition suit currently active at any one of the civil courts for forged and bogus will. Can the aggrieved party can file a criminal case against the respondent/defendant under Sec 420 and allied sections in the Criminal court and get verification of authenticity of the Will. What is the time limit for Filing such petitions. The final result of such criminal cases is valid for its authenticity whether it is permitted to be filed in the civil court where the case is currently running.

Is it possible for an aggrieved party to take criminal action against the party for such forgery and fraud or there is time limitation for such crime within the family.

Please kindly clarify.

Thank you,

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prakash vathore (Expert) 14 December 2009
certainly the aggrieved party can file a criminal case against that party.

S. Bharath (Expert) 14 December 2009
It would be better to take steps through the civil court itself in proving forgery rather than to take the circuitous route of agitating before a criminal court at this stage; may be after the civil court gives its verdict that the document is forged, criminal action can be initiated.

bhupender sharma (Expert) 14 December 2009
first of all u should seek opinion on the said documents and file a complaint. both the proceedings are different and mode of proof is also different.

Raj Kumar Makkad (Expert) 14 December 2009
Untill and unless a document is declared forged, you do not get to initiate any criminal action against the person it produced. First you get the declaration from civil court and then file a criminal complaint/FIR as earliest as possible and till then you have limitation available for this purpose.

joyce (Expert) 14 December 2009
U challenge the will in civil court under civil remidies.unless n untill it is not proved how can u file a case in criminal proceedings, so I agree with s.Bharath opinion.

Arvind Singh Chauhan (Expert) 15 December 2009
It can be filed only when it is declared forged and better to be filed by the authority, before which it was used. Pray to such authority, to lodge FIR.

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