False complaint
Karthik
(Querist) 28 December 2011
This query is : Resolved
My Dad and his cousin shared a common well - His cousin has two sons (my cousins by relation). The well was legally on My Dad's dad (my grandpa) name and his cousin's dad name. However, after his cousin's dad's death, cousin wanted to transfer the well to one of his son. But he needed my grandpa's signature...in stead, he forged my grandpa's signature for some benefits. This we did not know until recently.
Two years ago, my cousin (my dad's cousin's son) dug a borewell and wanted to use the electricity from the common well for his private borewell. My dad did not agree for it as it was illegal. So they did not allow my dad to use the common well. Further, they were giving other problems (including assault) to my dad. Since I am working in the US, I could not support my dad much on this issue. So I emailed the TN govt to support my family on this, and the govt asked the local police to step into this. The local police took signatures from both parties for not to invovle in any violations.
My cousin and his family is now waiting for me to travel to India, upon which they would file a false complaint against me, and seek a benefit of withholding my passport and create problem for my job and career. Please advise me how I am suppose to deal with this issue. Is going back to the Govt to support me again a good idea?
Devajyoti Barman
(Expert) 28 December 2011
You need to file a civil suit for declaration and injunction to keep the dispute at rest for good.
If your grandfather's signature is indeed forged then in the said civil case you could pray for appointment foe handwriting expert and get its authenticity checked.
Thereafter on the basis of the report you could file criminal case for forgery as well.
Deepak Nair
(Expert) 28 December 2011
I endorse the views of Mr. Barman
prabhakar singh
(Expert) 28 December 2011
True you can file suit.
But unfortunately you can not stop them from filing any false FIR on your return to India.There is no safe way to guard against it in India.If you keep some authorities pre informed about your apprehension that may help you in handling the case but nothing stops one from lodging FIR.
Sudhir Kumar, Advocate
(Expert) 28 December 2011
Contact your lawyer before landing in India. Otherwise you are sealed if a FI is written on you.
Deepak Nair
(Expert) 29 December 2011
Yes. Better contact the lawyer and take precautions.
Karthik
(Querist) 30 December 2011
Thank you all so much. I am planning to inform the local police before my landing. It is also not known whether the opponent party would do the FIR since they are told by the locals that they put themselves in trouble given that they have done the signature forgery. It is sad that my grandpa is no longer alive to firmly authenticate the finger printing (signature), although we can still do the signature/finger printing verifications from other legal documents.
Civil suit is a good suggestion, but I wonder if that would further motivate them to file FIR. I am indeed in a job switch...moving from the US to Singapore. Also for the new job, I need to travel to India once in a while as a part of my job. Since in this vacation I will be home only for a week, I am planning to stay away from their radar (they are of course our neigbour...so I might need to stay in a rented place). This will help me to make a good start with my new job and then face the problem later...
Shonee Kapoor
(Expert) 02 January 2012
Right Karthik, do so.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
