Compensation to victim if offender of forgery dies
B@75BHAIBABU
(Querist) 06 August 2012
This query is : Resolved
my father had a piece of land that he didnot knew that it was in his name.taking advantage of that my fathers elder brother fully occupied that land.then in 2000 land was sold.sale has been done in the name of my father but signature of my father is forged as confirmed by fsl lab.now in this case forgery cheating and other criminal cases would have been initiated but unfortunately both buyer of the land and my fathers brother had expired.now sir i want to know what type of compensation and damages i can claim from these families besides cancellation of sale deed and mesne profit?in forgery section provision of fine is written in ipc.how much that fine can be in my case since both offenders have died. - View Group
Sudhir Kumar, Advocate
(Expert) 06 August 2012
Since the accused hve died there is no relevance of IPC as dead man cannot be prosecuted.
But since forgary is there. Depending upon the time limit you can proceed with civil suit but it is only the nearest available good lawyer who can advise you on the feasibility.
ajay sethi
(Expert) 06 August 2012
what were you doing for 12 years?
sale was done in 2000 . 12 years have passed . both the forger and the buyer are dead .
your father will have to explain the delay of 12 years in filing suit for setting aside sale.
fine for offence under section 474 of IPC is generally nominal . generally accused is sentenced to imprionment and nominal fine imposed
