The below is the background of the case. its a lengthy case hope you don't get lost while going through the case.
A has a son B and a daughter C. A gave 6 acres land to C during her marriage. and later (20 years ago) both A and B got partitioned A's remaining properties equally and got revenue pattadar passbooks for their shared properties and enjoying them peacefully. This was a mutual partition and there was no document as such.
A got 11.5 acres land and a house. B also got 11.5 acres land but no house.
A scheduled properties:
A1. 3 acres
A2. 3.5 acres
A3. 3.5 acres
A4. 1.5 acres
A5. House
B scheduled properties:
B1. 6 acres
B2. 4 acres
B3. 1.5 acres
A was living with wife in wife's house and A has given his A5 to C and C's family is living there for 25 years after the C's marriage. but as per records, A is the owner of the house and paying the house tax on his name all these years.
A was having loans on A1 and A2 properties for 10-15 years and some loan amount still is pending on A1 property with a bank.
in 2004, A had sold A3 property for his medical and daily needs. B has signed as a witness for this transaction.
as A was getting older, A thought of giving his remaining properties(8 acres) to his 4 grand childern (both B and C's childern) equally.
by knowing A's thoughts, B has created a fake non judicial stamp paper(10 rs value) in the name of A as if it is created by A to say both A and B have mutual partition 15 years ago but not documented thier shares hence this document is created. This non judicial stamp has date 12/04/2003. there are two scheduled property lists X and Y in the document. X belongs to A and Y belongs to B. properties B1, B2, B3 and A1 and A5 which belong to A are shown in the Y scheduled property list. properties A2 with invalid khata numbers, A3, A4, and A's wife house are shown in the X scheduled property list. This stamp isn't registered.
A had paid house tax for A5 property for the years 2004 and 2005.
B has created another fake non judicial stamp paper (10 rs value) in the name of A as if it is created by A to say A has two houses and A and B have had mutual partition of having a house each 15 years ago but not documented their shares hence this document is created. This non judicial stamp has date 15/06/2006. there are two scheduled property lists P and Q in the document. P belongs to A and Q belongs to B. A's wife house is shown in the P scheduled property list. A5 house is shown in the Q scheduled property list. This stamp also isn't registered.
B had mutated A5 property on his name by presenting the second fake stamp xerox copy to the gram panchayat board in 2006.
B had mutated A1 property on his name by presenting the first fake stamp xerox to the Revenue office (tahsildar) in 2008. A's pattadar passbook has been canceled.
B has transferred A2 property on his daughter's name in sub-registrar office in 2008 by stating that B has the possession of the A2 property and has pattadar passbook on his name for this property but this property isn't yet mutated on B's daughter's name.
by knowing the B's fraud and forgery, A has settled a WILL for all the properties including which have been mutated and transferred by B on C's name and registered the WILL.
few months later, A has raised a suit with having A and C are plaintiff and B is Dependent in the senior civil court in March/2009.
and the suit is still pending for trail. when the civil suit is raised due to unavailability of proper evidence and other circumstances, criminal complaint wasn't (actually raised but not pursued thoroughly due to the reluctance of the police as the case being civil) raised.
A died in December 2011. C now is the plaintiff.
through RTI, we have approached two sub-registrar offices to validate the stamp papers created by B.
the sub-registrar offices have confirmed that both the stamp papers were not sold on the name of A and they were sold to different persons and on different dates. and there were no transactions by the first stamp vendor on the date it is mentioned on the first fake stamp paper.
through RTI, we approached Tahsildar office to check whether B has any pattadar passbook for the A2 property but tahsildar confirmed that A2 property is still exist under A's name and A's pattadar passbook.
we have had the loan statement for A1 property from a bank through RTI and it confirms that A has taken loan multiple times on this property from 1996 and A has pending loan amount of rupees 20,000 until the date RTI reply is recieved.
we now would like to pursue the criminal case against B thoroughly thats the reason i am seeking advice from the reputed lawyers on this forum. what are the possible IPC sections we can come up with to have a strong case.
how the courts interpret the RTI certified document?
will the RTI documents be used as evidence in the court of LAW?
