Esteemed h'ble sirs,
- Mr 'A' having two younger brothers and one sister as legal heirs, died instate leaving a will in favor of Mr 'B' his younger brother. The property mutation in favor of 'B' had been accepted.
- Mr 'A' had another younger brother who was alive at the time of the death of Mr.'A' but he died two months later. His widow, Mrs 'C', challenged in appropriate court the will and the court decreed in her favor. Mr 'B' appealed in the upper court but lost.
- Mr. 'B' preferred regular second appeal in High Court which is under consideration of the court but in the mean time Mr 'B' expired survived by only one daughter who is married. Mr 'B' had left a will in favor of his wife, daughter and son-in-law, wife is now dead and his daughter and son-in-law are surviving heirs according to will.
- In the mean time Mrs 'C', her two sons, one daughter secretly, in conspiracy with Patwari and Kanoongo had got an entry written, of mutation of entire land property of Mr.'A' (though in case the will is invalid his property should have been mutated to all 3 heirs) in favor of Mrs 'C', her sons and daughters. The entry has not been attested/ accepted by the AC-I revenue neither has it been signed by Mrs 'C' or her sons/daughter.
- Whether does it constitute an attempted crime of fraud, forgery, conspiracy collectively? If yes under what sections?
- Does daughter and son-in-law of diseased Mr 'B' have locus standii or cause of action to proceed and institute a criminal case under such sections?
