Information regarding a legal notice (background provided)

This is criminal matter.

At the outset your father can take anticipatory bail to avoid arrest and jail.

After invvestigation police will file chargesheet there you need to contest the case . A t this point there is no strong evidence that your father has taken from bank locker provided if bank people give any evidence of them seeing your father removing gold from locker. Being case of forgery signature expert report will play important role whether your fathe really signed or not. What affidavit was signed is important .

If you can tell the contents of affidavit it will help us to understand the case better. You have fair chances in the case .

Thank you for your response Advocate Nikhil Seth.

To further answer your question

1) Affidavit was more of a No Objection Certificate signed by 3 other heirs (myself being the fourth), including this aunt/father's sister stating they have no objection to myself transferring agricultural land to my name (which I inherited from another aunt on her death). This was provided as supplemntary document to the registrar's office as part of the land transfer. The land was given to me in a will. Other properties such as a bungalow, flat, etc was given to the aunt filing the case, as well as other 2 heirs recieved some land, flat and money.

2) None of the heirs (including this aunt/sister) are contesting the will or who got what.

To give you more context, this aunt is doing all this just to harass my father, there no other basis for this.

For over 40 years, my father has provided this aunt (and the other one who passed away, both unmarried) with all luxuries, money, etc through which they bought properties, the gold in question, etc.

And now because she is angry at my father for some discussion/fights, she is filing this case to harass him. Please let me know your thoughts now you know the content of the affidavit (mentioned above)

Also my biggest question is, if the signature expert does determine my dad signed, (if he is paid off, whatever be the reason), now that you know the content of the affidavit, what would be the legal ramifications?

Will my father be jailed (For any length of time) for this, or can we plead that given his age, the jail term be nullified given his clean record through his life and his conduct during the proceedings as well as of his own recognition?

As you say affidavit is for land transfer and not for forgery case or removing from bank locker . There is no case made out of it . Its not easy for police to file case without any signature proof or any witnesses . I f you are too apprehensive than apply for anticipatory bail and let police do investigation .and let them file chargesheet.  And you contest the matter .  If you do have any gold of yours at your place dont keep their it could be possible that your aunt can claim the gold you have as  stolen one. So keep at a safe place.

No, I'm sorry I didn't clarify. The forgery case is FOR the affidavit which was used in the land transfer (this land I got in will from another deceased aunty). This aunt was also a heir in that will, and the land registrar office told us to get this NOC affidavit to transfer land to my name.

We have done it last year, and now she is saying that her signature on the affidavit is forged by my father (there are NO witnesses).

That is why I am asking, if incase she is able to prove (either by paying the signature expert) that my father signed that affidavit, what are the legal ramifications? The police have been given a copy of the affidavit for their investigation.

Will my father go to jail in that case? Or can we plead NO jail based on his age and health?

I will take your advice regarding the gold we have with us, and keep it in safe place outside of our house.