420 case
B Singh
(Querist) 28 May 2013
This query is : Resolved
Civil case is pending in the court regarding disputes property which is duly registered and mutation done on all family members after the death of parents. One of the brother alongwith 3 others have filed this civil suit that the said property was surrender to elder brother by way of an simple affidavit of year 1990 which is just attested from oath commissioner whose name and number of the said oath commissioner is also not mentioned on the affidavit. On the affidavit my name is written but not my signatures. Although the court had passed status quo in the present case. My question is that when this civil suit is pending in the court and I want to file an 420 case since on the affidavit it shows my name and not my signature and moreover when this affidavit was procured I was not available in that city and was far away in another District and on that date I was medical sick. Do I need to file 420 case in court or in police station. Please advice me suitably. Further also advice that is it posssible that one can surrender or relinquish property on such fake/false affidavit and produce in courts.
Devajyoti Barman
(Expert) 28 May 2013
Such affidavit has no value in the eye of law.
You can either file petition u/s 340 crpc in the civil proceeding or file separate case for forgery and cheating. Your personal attendance is necessary to initiate the case.
B Singh
(Querist) 28 May 2013
Do I need to file FIR in police station or can I file in court regarding fake/false affidavit.
Devajyoti Barman
(Expert) 28 May 2013
Since separate case it is private compliant, no complaint needs to be lodged in PS.
For petition u/s 340 crpc in the same court, no complaint needs to be lodged either in PS.
Shashikant V. Patil
(Expert) 29 May 2013
Even in the same Civil case, whatever facts mentioned by you in query, is very much useful during chief and cross-examination with regard to the alleged affidavit. You have to vehemently, by your lawyer disprove the said alleged affidavits to have a fair justice with you and all others.
Raj Kumar Makkad
(Expert) 29 May 2013
I do endorse the advice of both the experts.
B Singh
(Querist) 30 May 2013
First I thanks alot for your valuable advice. I want your further advice that although in replication I have mentioned about the fake/false affidavit in the civil case pending in the court. Please advice that do I need to file separate case regarding the false/fake affidavit which has been produced by my brother in the court and on the basis of such affidavit he has filed civil case just to harass me. Do I need to file separate case in court regarding this false/fake affidavit so that I too can harass him on the grounds for producing false/fake affidavit. Please advice urgently.
Devajyoti Barman
(Expert) 31 May 2013
You are already advised. You are just simply repeating the same thing.
Read the replies carefully.
ajay sethi
(Expert) 31 May 2013
agree with experts
