muddu (as) 01 November 2012

The fir has been filed under sections 419,420,468 and 471

We have an ancestral property (agricultural land) in Bangalore and my father had passed away a year back and my mother resides with me and I am an HINDU.

I have a sister got married in 1989 to a Police constable. In January this year(2012), we decided to settle the property among us and we (myself and my mother) agreed to settle my sister, a hard cash of Rs. 20,00,000 (twenty lakhs). We gave the said cash as full and final settlement and a consent deed was executed accordingly and signed by my sister to my mother on the same day on a Rs. 200 stamp paper which was notarized on the same day with mutual understanding. The same has been witnessed by elders in the locality. The above said Consent deed is not a registered document.

Later, in a month’s gap, my sister approached taluk revenue authorities asking to mutate the property jointly in all our names. Mean while after form 21 is published, I and my mother objected the same with revenue authority by writing and producing the above said consent deed. But with help of her husband’s influence and money power she got the property mutated jointly. We got a stay order to the joint mutation in DC court in our jurisdiction.

Meanwhile, she filed a police complaint against both of us saying we forged above consent deed as she has not executed any such deed and signed. A case with FIR has been registered in a Sr. Judge court in our jurisdiction. The FIR has been filed under Sections 419,420,468 and 471. Please help us by guiding with respect to above subject and here are my questions.

1. Are these sections are bailable? (We are planning to approach court for Anticipatory bail plea)

2. Can police arrest us with or without court warrant?

3. Police are demanding original paper of the consent deed. Should we submit this to police or court? (My sister with the help of her police husband using influence to surrender it to police)

4. Is there any way to produce this Consent Deed to FSL and get it certified (validated) before submitting it to Police?

5. Can this Consent Deed come to our rescue in the court if my sister approaches the civil court for her share?

6. When will this Consent Deed document sent the Forensic Science Lab for verification as per procedure? Or is there any other procedure which authorities follow to verify the same?

Thanking you,

Krishna

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4 Replies

David Baker (advocate) 01 November 2012

1. All except 471 are non bailable.

2. Yes Police can arrest without warrant

3. Do not hand over original deed. You can show them the original and hand over the duplicate

4. Now that the FIR has been filed, it automatically becomes a police case. And the Police will have to produce the same in Court.

5. The handwriting expert's report would reveal the truth.

You could also approach the High Court for quashing of FIR under section 482 of crpc.

Why dont you lodge a complaint against your sister on the same grounds? File a civil suit also against her.

What i dont understand is, that when your sister approached the Tehsildar for ammending the property records, why didnt you raise an objection in writing? Now that the mutation has been done, did you file an appeal against the same?

In case you filed your objection with the office of the Land records, what prompted the said office to mutate the property without giving you an opportunity of being heard. You could also file an RTI for this.

muddu (as) 01 November 2012

Thanks for the reply sir!

We had raised the object in writing and the same had been entered in computerised office. But the autherities did not call for RRT by noticing us and they said the RRT had been done in this case and same is mentioned in RI's report. They mutated the property jointly. We have obtained the RRT and mutation and approached the AC court, their AC denied the interim stay on the mutation but DC court has stayed the RRT and mutation later.

Also, please help me answering the below questions again.

1. Can this Consent Deed come to our rescue in the court if my sister approaches the civil court for her share? Since it is a non-registered document I am asking the point again.

2. When will this Consent Deed document sent the Forensic Science Lab for verification as per procedure (what stage)? Or is there any other procedure which authorities follow to verify the same?

Thank you again,

Krishna

David Baker (advocate) 02 November 2012

1. A non registered document is not recognized by the Courts, but you could definitely try and prove your point by showing the Court that your sister did sign the said consent deed and that she received her share.

2. You can initiate the process by approaching a recognised handwritng expert and keep his report handy. If the Court feels it could send the said document for further analysis.

3. If you approach the HC to quash the FIR, the said handwriting report, would priima-facie establish that the allegations levelled against you in your sisters complaint were fictitious and false and that the said complaint was done with a malafide intent.

4. You can also show the HC that your sister had used her influence to mutate the said property and that the same was stayed by the DC.