How to get justice in forgery matter ?
Goapl Garg
(Querist) 29 February 2016
This query is : Resolved
Five of my relatives sold our one property to three property brokers by making false sale papers in the name of my father putting his false signature, took money, delivered possession.The property belongs to my father alone. After knowledge, I filed adeclaration suit and injunction is granted in our favour.Also filed Police FIR and all Eight persons were arrested under section 420-467-468-471-201-120B, came out of jail after 45-60 days from bail from high court.Police submitted charge sheet and Magistrate confirmed all charges and intiated Trial.My father is very old and is only witness from my side and other witness only include from police department.To delay the trial all eight have separately made revision application before District Judge, different dates, different case numbers alloted, and is in process of clubbing and it is about two years since revision is filed.Crimed took place in April-2011, Came to our knowledge in Jan-2012, FIR filed in Feb-2012, Arrests made in Dec-2012, Chargesheet filed in June-2013, Charge framed in Nov-2013, Trail Ordered in Dec-2013,Revisions Filed in Jan-2014 to Feb-2014,..the matter continues. The problem is our property is their custody and the buyers say that they will vacate when they face penal action in trial else let the civil and criminal go on....Father is old aged., myself work in private sector and face lot of difficulty in attending, pursuing the matters....very puzzled.
What to do ? please advise
Santosh Goswami,Advocate
(Expert) 29 February 2016
Under the situation, expeditious disposal of civil suit is important. Until courts order for possession in your favour and declare the sale deed as null and void nothing can be done.I am sorry but this is how our legal system works. It takes time.
9555462995
Guest
(Expert) 29 February 2016
Your Father Should be a Senior Citizen and Request your advocate to File a Request Petition in the Concerned Court to Complete the Case at the Earliest basing on the Reason that your Father is a Senior Citizen.Court would Certainly Oblige.
Rajendra K Goyal
(Expert) 29 February 2016
Your father should move for possession, with orders to declare sale deed as null and void and prey for early disposal of the suit being senior citizen.
Goapl Garg
(Querist) 29 February 2016
Thanks Experts. But see the civil case is dragging on at slow pace and consuming time for various departmental reasons, absence of ADJ,adjournment sought by opposite on various pretexts,case diary not sent by record room,as opposite is nasty player of the game of property line.Still we are doing our best.
But one thing is sure once the opposite start facing threat of being convicted in such case, they would(as they also admit privately) come back to us for resolving it.So How can we
01. arrange for speedy clubbing of all revision petitions, its hearing, disposal and then Trial...
02. arrange the statement/witness of my father before trial Magistrate even if the revision is pending, as he is old aged persons and my whole exercise will go in vein if anything untowards happen out of natural ageing process
03 can I at this stage arrange his depostion by commission at home because of his condition and age?
shall judiciary give any attention to our petition with these facts, for a speedy or time bound trial.....kindly advise
Goapl Garg
(Querist) 29 February 2016
Thanks Experts. But see the civil case is dragging on at slow pace and consuming time for various departmental reasons, absence of ADJ,adjournment sought by opposite on various pretexts,case diary not sent by record room,as opposite is nasty player of the game of property line.Still we are doing our best.
But one thing is sure once the opposite start facing threat of being convicted in such case, they would(as they also admit privately) come back to us for resolving it.So How can we
01. arrange for speedy clubbing of all revision petitions, its hearing, disposal and then Trial...
02. arrange the statement/witness of my father before trial Magistrate even if the revision is pending, as he is old aged persons and my whole exercise will go in vein if anything untowards happen out of natural ageing process
03 can I at this stage arrange his depostion by commission at home because of his condition and age?
shall judiciary give any attention to our petition with these facts, for a speedy or time bound trial.....kindly advise
