case 420

Querist : Anonymous (Querist) 24 July 2011 This query is : Resolved
Respected sir/Madam.

In the year 1973 there is a lease cum sale agreement in the name of my grand father.After the sad death of my grand father
my uncle and aunt given the no objection and succession certificate for transfer on lease cum sale agreement in the name of my father in the year 1976.
In the year 1980 there is a new lease cum sale agreement created in the name of my father.in the year 1983 there is a sale deed in my father name.
In the lease cum sale agreement their is one clause 22 which require the detail of the person stay at house .
As the signature is not matching in that my uncle file a criminal case against my father under u/s 420.
As the clause 22 is only for the detail of the person who is stay at the house .It nothing to do with the legality of transfer
of house in my father name.
please help me .

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bhupender sharma (Expert) 24 July 2011
It is purely of the civil nature ariing out of the agreent and moreso the no objection certificate and succession certificate is there. Therefore the concept of cheating by the brother in view of the facts does not arise at all. Particularly since 1973 to till 1980 the person does not disute the signature.U are quite right that the transfer / title is not challanged in respect of the property in whsose name it exist. Therefore the question of commission of offence 420 does not arise.

Devajyoti Barman (Expert) 24 July 2011
Without seeing the contents of the deed , it is difficlut to make any comment.
A lease cum sale deed is also unheard of.