Joint property disputes
B Singh
(Querist) 15 January 2013
This query is : Resolved
After the dead of parents the property situated at different places were equally transferred and mutated to all brothers and sisters. Although all the property has been sold off by all legal heirs except one property situated within city where I was staying and also occupied by my elder brother. Due to my service at other state my brother took possession of the property and filed civil suit (permanent injuction)by producing an affidavit attested from notory of year almost 17 years old that the said property has been signed by me that I have no objection to the said property if given to my elder brother. I have procured the copy document from the court and found that my full name is written on the affidavit in my own handwriting but not my signatures as on date today also I am using same signatures for the past 20 years and to prove this I also have sufficient government documents like driving licence, bank passbook & passport which shows my signatures. My query is that the court had given stay on the property and in the time being can I also file complaint with police to investigate from where the affidavit is procured since the name of the stamp vendor is not mentioned and even the notory name and number is not mentioned on the affidavit of value Rs.3.00
Raj Kumar Makkad
(Expert) 16 January 2013
You have every right to challenge the order in civil court as well to initiate criminal action by lodging a police complaint as desired.
SARVPREET SINGH GURNA
(Expert) 16 January 2013
Mr. Singh,
You could do both things as suggested by Mr. Makkad, since it has been held by the hon'ble Supreme Court that if the ingredients of a criminal offence (such as 420 IPC) are established prima facie, there is no bar to carrying out criminal prosecution despite civil litigation being pursued or already pending. Go ahead with both remedied under law.
