Information regarding a legal notice (background provided)


I would really appreciate a response to this, and I'm not sure if this is to be posted under Civil or Criminal section.. so positng here as Police Case is involved.


State is Andhra Pradesh.


My father recieved a notice from his sister (my paternal aunt) stating the following:

1) That she had kept X tolas of gold in a joint locker (father and his sister had access). She now claims my father has taken it and refuses to return it. She only says X tolas and doesn't provide any specifics. There is no proof of her having kept gold in that locker (and we definitely didn't take it). The only current proof is that my father was last person to open the locker sometime in 2008.

2) That she is being threatened with harm by my father. This is also incorrect, and there is no proof at all.

3) She claims my father forged her signature on some no objection affidavit. This is also incorrect.


Further to the notice, she has then filed a Police case a few days ago stating all 3 points as the reason for the police case. The police had called my father and asked him questions (in front of her.. with HIS lawyer present). My father stated he has no idea about the gold, the forgery and hasn't ever threatened his sister.


My questions are the following:

1) What are the chances of the sister winning arguments on any of the charges? There is NO proof for points 1 and 2, but for point 3 there is a copy of the affidavit which has been submitted to the police.

2) If she purposely mis-signed the affidavit and claims now that she didn't sign, and my dad signed it, what are chances of proving it?

3) Most importantly, are any of the offences jailable? My father was told by a lawyer that Forgery, if proved, can attract jail time. He is 72 and is very worried about going to jail for something he didn't do.


In short, can he go to jail for any of the offences above (as mentioned, no proof of any of them.. except copy of affidavit submitted to police)? Without a trial and with just a police investigation??


Especially given his old age, are there arguments we can present in court or to the police, if it ever goes to court, that can prevent jail time? I know we haven't done anything wrong, but I'm just looking for answers to sooth my father at this point, given his age and tension around this matter.


Also, for all 3 points, would this go to Civil or Criminal court?

I thank you all for your time to read this and also to answer my questions. God Bless you all.

 
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legal consultant (9867264707)

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 .

 

 

 
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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)

 
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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?

 
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legal consultant (9867264707)

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.

 
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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.

 
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