Criminal case in civil case
chandrabhanu
(Querist) 21 September 2014
This query is : Resolved
Sirs, This is related to will has been forged and i need to file the criminal against him. I consultead an advocate and what the advocate saying is I need to get the original will what he has forged to file the forgery case. But practically it is not possible to get the forged will from my apponent. Please suggest how do I file a criminal case against him.
Dr J C Vashista
(Expert) 22 September 2014
How did you compare an original with forged? Before filing police complaint for forgery and cheating show the documents (both the will) to your lawyer for proper advise and guidance.
Devajyoti Barman
(Expert) 22 September 2014
To file criminal case original will is not required unless trial commences.
Rajendra K Goyal
(Expert) 22 September 2014
Agree with the expert Devajyoti Barman ji.
ajay sethi
(Expert) 22 September 2014
do you have copy of will . any signature of testator on any document in your possession . you should then take opinion of hand writing expert as to whether will is forged or not
Raj Kumar Makkad
(Expert) 22 September 2014
If the civil suit is going on and the copy of alleged forged will has been put by your opponent in the evidence in that case then an application under section 340 read with section 195 of CRiminal Procedure Code can be moved in the same proceeding and the opposite party can also be directed by the concerned court to put original will on the court file.
T. Kalaiselvan, Advocate
(Expert) 29 September 2014
If you are damn sure that the Will has been forged and the opponent is claiming wrongful benefits, you may obtain certified copy from court and lodge a complaint with police under the provisions of law for the offences of forgery and cheating by fraudulent acts.
