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Dr_Stan (abc)     22 May 2014

Help needed: false affidavit in civil case

Hi All

Would really help your time and replies on my problem.

My father passed away in July 2013 leaving behind 3 brothers. He made a registered will and bequeathed his self acquired house to me since I had paid for almost all the expenses he faced while buying the plot of land and constructing it in 1984.

As expected, my two brothers are creating a problem about it now. The younger brother is particularly active and is creating a lot of trouble for me. He has filed a civil suit challenging the validity of the registered will and requesting a stay in the transfer of the abovesaid house in my name. In the civil suit, he has also claimed to be in possession of one floor of the abovesaid property, which in reality is not true. I have possession of the entire property. To stake his claim, he has attached some documents in the plaint in the civil suit.

Documents are:

  • His passport that shows the address as the disputed property. However, this passport expired in 2007.
  • His ration card copy

However, on further investigation, I found out that in his renewed passport, his residential address has been changed to where he actually lives and his ration card address has been changed to his new address too.

My question is: Can I press charges against him for knowingly submitting a false affidavit and misleading the court? If so, what is the procedure and what could be the quantum of the sentence?

I would not have thought about taking such a step, but recently, he filed a police complaint against me alleging me of baseless financial frauds, which I have not committed. When I talked to him, he threatened me of filing many more cases just to pressurize me. I think there is no other way to stop him from harassing me apart from this.

I would be thankful for your advice.



Learning

 2 Replies

adv.raghavan (Advocate,9444674980)     22 May 2014

if you think the suit lack territorial and pecuniary jurisdiction, you can go for rejection of plaint. Criminal case can be filed when civil suit is pending, no bar is there.

Dr_Stan (abc)     22 May 2014

Hi Adv Raghavan

Thank you for your prompt reply. I am a layman and could not understand terms such as territorial and pecuniary jurisdiction. Would be great if you could please explain a little more in detail.

So, as per what you say, I gather that I can register a criminal case on the basis of what I have mentioned in the case above?

Should I register a case with the court or should I get an FIR registered with the police regarding this?

Please advice me on the procedure.

Thanks


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