Bala (Motor vehcile assessor ) 04 January 2014

Land dispute

Dear All,

I am resident of Australia Holding indian passport and residing in Australia for 6 years . My father sold his ancestor property to some land lord in year 2007 . when he sold i signed as a witness in the registration paper . one of my distance relation claming that we had sold without their permision and threating us that he is going to lodge a court case/criminal case against my dad . i am assuming that he will lodge a case on me as well because i signed as a witness signature along with two persons in total of 3 .

my question : Whether can i travel india and australia if i have court case on me.kindly let me know please .

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3 Replies

adv.raghavan (Advocate,9444674980) 04 January 2014

if he makes you as a witness you have come down for trial and, if he decides to make party to the proceedings and file a case under non bailable sections you are suppose to come down and get regular bail and get waiver from the concerned court for your travel to abroad to full fill your employment obligations.

Biswanath Roy (Advocate) 04 January 2014

The role of the witness in any document or deed casts legal liability on the question of its genuiness and to identify signatories. In your case if your relative tag you in any criminal case it will be a criminal mischief which will be triable as criminal offence.also. If the situation turns to a criminal case god forbids in that event you will be entitle for bail and there will be no bar to continue service at Australia . I N FUTURE IF YOU FACE SUCH TROUBLE FEEL FREE TO CONTACT ME OVER PHONE. My Mobile no.9836858000, my e-mail bnroy.advocate@gmail.com

T. Kalaiselvan, Advocate (Advocate) 04 January 2014

Your father cannot sell the entire ancestral property without the consent of other co-sharers, including you (if the property is of ancestral in nature), well though you have signed as a witness only in the deed, your liability will be restricted to the witness portion alone, you cannot be made a party to the so called scam,hence if there is a witness summon served upon you, and you happened to receive it personally then you may have to appear before the court as a witness, if you have not received the summons, you dont have to worry about it,can be rest assured at Australia itself.