Case registered
kaur
(Querist) 05 July 2013
This query is : Resolved
My own relatives have prepared affidavit and attempts to transfer my property on their name by showing my name on the affidavit which reveals my handwriting but not my signatures. My query is that attempting to use such type of affidavits can I registered FIR against u/s 420.
Raj Kumar Makkad
(Expert) 05 July 2013
You can definitely get registered FIR under sections 420, 467, 468, 471, 120B IPC against every person involved in this crime.
You also need to file a civil suit seking setting aside the transfer of ownership on the basis of fraulant document.
Rajendra K Goyal
(Expert) 06 July 2013
For such a fraudulent act FIR can be lodged and a civil suit can be filed on the lines advised by the expert raj kumar makkad ji.
kaur
(Querist) 06 July 2013
The police does not registered the complaint and replies that as per revenue records and documents the property is on your name legally. Further the police advised that although they have affidavit of your name signed but they have not used the same in any manner and I do not need to worry. My query is that when someone tries to uses false/fake affidavit than why the police does not registered the case.
prabhakar singh
(Expert) 06 July 2013
If one prepared a document in his own hand writing but did not sign then execution is incomplete and in case document was with relation to immovable property it would stand void if no registration was sought
or if sought by impersonation.
kaur
(Querist) 07 July 2013
The property is legally transferred to all legal heirs and mutation done. In my absence my relative have filed civil suit on the basis of false/fake affidavit that I have given him my share of property by No Objection Certificate by way of affidavit which shows my name printed in manuscript but not my signatures. My query is that when on the affidavit it is not my signature and moreover the affidavit is attested from Notary whose name and number is also not mentioned on the affidavit then why does not police registered the case to investigate the matter that how and from where they have procured the affidavit and who have attested the same.
Raj Kumar Makkad
(Expert) 07 July 2013
You need to file a criminal complaint under section 200 of criminal procedure code if the police has refused to lodge the FIR.
