Lodge of fir
B Singh
(Querist) 25 June 2013
This query is : Resolved
After the death of parents the property was transferred and registered and mutation done on all brothers and sisters. But 3 brothers filed injunction in court by producing an affidavit of late 20 years old that the property was given to them by all legal heirs as well as by my mother who was illiterate and shows her alleged thumb impression and names of other legal heirs. Anyhow the court has passed status quo. After obtaining copy of the affidavit it was found that my name is written and not my signature and moreover on that particular date I was not present in that city and one of my brother was also not present in India and was abroad. My query is that I wanted to registered FIR u/s 420, 471, 120B against my brother for producing false/fake affidavit in court and attempting to use this affidavit where it reveals my name and not my signatures but the police does not registered the case. The police replied that when the property is equally registered and mutation done on all legal heirs the question of fraud and forgery does not arise. Please advice.
Tarun Thakur
(Expert) 25 June 2013
Can you upload the contents of that affidavit here ? only then experts will be able to comment
Adv Archana Deshmukh
(Expert) 25 June 2013
Show the affidavit and other documents to a local lawyer. Without going thru the documents nobody can advice you properly.
Devajyoti Barman
(Expert) 26 June 2013
the documents is surely needed to be seen first.
Nadeem Qureshi
(Expert) 26 June 2013
Dear Querist
if you think that this affidavit is fake and you are able to prove it before court then file a complaint u/s 200/156(3) of Cr.PC before Criminal court.
Raj Kumar Makkad
(Expert) 26 June 2013
Criminal case as well as civil suit is required to be filed through local lawyer in the given case.
B Singh
(Querist) 26 June 2013
The affidavit is of year 1990 and value of Rs.3.00 only. The affidavit is attested from oath commissioner whose name and number is not shown. On the affidavit it shows my name but not my signature because since 1984 on passport banks driving license I have been using same signature as on today.