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chandrabhanu (AM)     13 September 2014

Criminal suit in civil suit

One of the property related civil case is pending in karnataka high court. The case is running from past 25 years. Our opponent has forged the will document & get it registered in his name. Can we file the criminal case against him now after 25 years still the pendency of the case. If yes, please let me know in detail how I can file a criminal case against him.


 3 Replies

Ashok, Advocate (Lawyer at Delhi)     14 September 2014

There is no limitation period for filing a criminal case of forgery of a will. Therefore, it can be filed even now. However, long delay may affect the trustworthiness of the complaint.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 September 2014

There are conflicting views on the issue as it is felt that since a civil court takes a decision on the veracity of a document in question like a will, no criminal action can be initiated by the aggrieved persons who are allegedly denied their rightful due. But, another perception says there cannot be any prohibition on an aggrieved party in resorting to criminal action when made to face legal proceedings on the basis of fabricated documents. 

T. Kalaiselvan, Advocate (Advocate)     20 September 2014

You have repeated the same question in another format earlier in a different thread.  You were sufficiently advised about what can be done on it, you seemed not satisfied, posted the same once again here in the forum section.  However, please be informed that you have initiated a case on the basis of alleged fake will around 25 years ago and the same is still going on, now going for a criminal case will be considered as an evil design to put pressure on the opposite party at this belated stage and may not be entertained.

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