False certificate
abdul salam
(Querist) 14 February 2014
This query is : Resolved
Dear Legal Experts,
One of my friend who is a land lady and propertied women had got destitute widow certificate from taluk office by giving false declaration as bpl through her brother who was a village administrative officer. The thasildhar also had colluded with them knowingly and issued the certificate .On the basis of the destitute widow certificate she got an employment in a school overlooking the real destitute person .She has constructed 2 houses one of which is by encroaching her in-laws land instead of constructing it in her own land which is just opposite to in-laws land .Now she is demanding her share in the mother in-laws land .Her in-laws side are refusing to give her a share quating the Islamic law of inheritance where the pre-deceased son has no right to claim. ( Her husband death-2000, her father-in laws death in 1965 and mother in laws death in 2002)Further, they are suspecting the death of her husband all of sudden after a big quarrel between husband and wife.
After 13 years, the affected real destitute women has given complaint to the higher authorities ,to take the disciplinary action against her for giving a false certificate and to prosecute her as per law. Who is responsible for her proplems? 1)her self 2) her brother 3) the thasildhar. what is the law says. How to help her to comeout successfully from this problem. What will be the maximum and minimum punishment and how to avoid that punishment. The thasildhar and her brother (vao) are drawing pension. Will they be included in the case Her claim for in-laws land share is maintainable in the court of law .what she has to do now .Please give your expert comments/advise to help the widow to solve her all proplems.
Thanking you,
SAPNA
S.QAISAR ALI ADV.
(Expert) 14 February 2014
file a complaint against the authenticity of the certificate where from it is issued next action can be taken accordingly.
Raj Kumar Makkad
(Expert) 14 February 2014
this is a good case which requires a detailed complaint to the local police and if no action is taken then file a criminal complaint under section 200 of criminal procedure code without caring what punishment shall be warded.
Another complaint should be made to the higher officials of the education department seeking removal and disciplinary action against that lady and service to the applicant with all back wages failing which to file a writ petition before high cour.
ABDUL RAZIQUE
(Expert) 15 February 2014
Agree with Raj Kumar Makkad sir, Nothing more to add.
Rajendra K Goyal
(Expert) 15 February 2014
A complaint should be filed to the department to take disciplinary action and lodging criminal action against the woman for submitting wrong information / certificate.
File FIR against this criminal act of illegal collusion in issuing of the certificate.
Sudhir Kumar, Advocate
(Expert) 15 February 2014
if facts give by you are true then it is a stereotype case of
(i) getting false certificate for getting undue benefits - appears she is offender
(ii) harassment of widow - appears she is victim.
T. Kalaiselvan, Advocate
(Expert) 15 February 2014
In my opinion as per Muslim personal law, a share cannot be allotted to the deceased person but the legal heirs are entitled to a share out of the legitimate share of the predeceased son of the family property left by the deceased intestate. If she obtained a certificate by furnishing false information or suppressing materials facts to the issuance of such certificate, she is liable for the consequences, as far as the property, she can inturn lodge complaints for intimidation against her.
Sudhir Kumar, Advocate
(Expert) 16 February 2014
in case she has not been paid Mehar during life time of husband then claim of Mehar is paramo9unt to the any claim of any body on the share of her husband and then she joins as a successor.
a stereotype case of widow harassment. Common in all religions.
