Jurisdiction criminal complaint where cause of action is same
Divya
(Querist) 22 November 2012
This query is : Resolved
Dear Sir/Mam
My query is that my uncle has denied my family’s legal rights after the demise of my grandmother. Soon after her death, since he forcefully took custody of all legal documents as my grandmother was staying with him in Pune (Maharashtra)..He took advantage and breached us & cheated us..He filed false affidavits & submitted to banks and got Fixed Deposits with banks transferred into his name (ambala) – Movable Property..These FD’S were in my grandmother’s name.
He made another false affidavit that he is the only & put Ancestral Property at lease (ambala) – Immovable Property….This property was also in grandmother’s name…
Again he filed false declaration before Talathi (pune) that he is the sole legal heir and got Ancestral Property converted into his own name on 7/12 extracts (pune) – Immovable Property..This property was also in grandmother’s name…
My main concern is I am staying at Thane (Maharashtra) and accused uncle is staying at Pune (Mahasrashtra)..
Here cause of action is same in all fraudulent activities and breach of trust….whatever my grandmother had, both movable & immovable properties; have been forcibly & fraudulently taken over by my uncle….
Can I be permissible to file one common complaint at Thane for ipc 406 & other ipc’s involving false affidavits & declarations before various authorities on basis of which, my uncle is enjoying benefits of fraud both at Pune & Ambala….
Please guideme…Thankyou.
ajay sethi
(Expert) 22 November 2012
offence has been committed in pune and ambala . you will have to file complaint against your uncle in pune or ambala .
as far as fixed deposits are concerned write to bank that your grand mother has other legal heirs . that your uncle was not a nominee of any FD . no noC was taken from other legal heirs . request bank not to permit your uncle to break those FD fraudelently transferred in his name you will also have to move courts in ambala for setting aisde transfer of property in uncle name
Raj Kumar Makkad
(Expert) 24 November 2012
I have also similar opinion as of Ajay.
