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Puspha Rani (n/a)     10 August 2010

Ex-party

 

My father-in-law divided his farming land in 3 equal parts:

1.        Elder son (My late husband),

2.       Younger son (Brother –in-law)

3.       Third part he kept with himself.

He publicly mentioned that till I am alive, the son who is looking after me will use my share of land; once I die you both brothers divide it equally. There was no partition deed.

My husband died earlier and father-in-law was staying with me to help in raising the kids. Few years back father-in-law also died.  Brother-in-law produced a will that father gave his share to younger son.  Is it a genuine will or fake, honestly I don’t know. Anyway, brother-in-law got two/third of the property.

He filled a partition deed case to tehsildar. Case shows that three times summons were sent to me and finally there was a MUNADI (public announcement) by “CHOWKIDAR” (Village announcer) in this regards. He got thumb impression of illiterate CHOWKIDAR and presented it as document. Based on these false documents, I am declared as ex-party.  His motive is to occupy the best part of land (irrigated) now.

CHOWKIDAR told me that he never did any such MUNADI nor he put his thumb impression anywhere in this regard. Seems it was taken with some pretext which he can’t recall. But he assured me to give this statement anywhere it is required.

Can I file a F.I.R. against brother-in-law for producing the false documents? If so which sections of IPC can be applied? Would F.I.R  also help in invalidating the above mentioned WILL?

I don't have much resources, serious guidance please. Thanks.

Pushpa Rani



Learning

 3 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     10 August 2010

Any order/procedding obtained/conducted by fruad is invalid in law. You can file a petition to reopen the case or can prefer an appeal.

Puspha Rani (n/a)     11 August 2010

For producing the false document of MUNADI (public announcement) by “CHOWKIDAR” (Village announcer) and taking CHOWKIDAR's thumb impression deceitfully in this matter...falls under section 420 or not?...please enlighten me!


Regards
Pushpa

Ramanathan G (Independent practice)     15 August 2010

Civil Proceedings will take a lot of time, i will advice you to file a writ petition, making all the parties  Revenue Officials and Trial Court as parties. Hence it is a serious case and victim is a female, the High Court may issue Notice, and that will result in jurstice.

Ramanathan Ganapathy Iyer


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