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Preetam Thakur (MHA)     10 March 2014

Fraudulent mutation of land property

Esteemed h'ble sirs,

  1.              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.
  2. 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.
  3.              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.
  4.               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.
  5.                Whether does it constitute an attempted crime of fraud, forgery, conspiracy collectively? If yes under what sections?
  6.                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?


 7 Replies

adv.raghavan (Advocate,9444674980)     11 March 2014

Mr.B daughter has the right to contest the case, yes she can file criminal case also. without going in to the merits of the case.

Preetam Thakur (MHA)     11 March 2014

Thanks Mr. Advocate Raghavan.

Mr 'B' died in November 2006. 

Daughter was not in the know of the RSA preferred by her father in High Court. She came to know after three years at the time of mutation of B's property in her favor.

Can she pursue the same RSA in light of the Limitation Act? or 

Should she submit a fresh Civil case regarding validity of will in question? or 

Wait till the final disposal of the RSA under consideration of High Court? And

given the fact that she is not legally or otherwise informed by anyone regarding the attempted fraudulent mutation,

Could she seek a copy of the attempted documents under RTI Act and institute a criminal proceeding against the persons involved?

Thanks all esteemed experts.

Advocate Ravinder (Advocate/Attorney)     11 March 2014

When the matter is pending in second appeal, the acts of Mrs.C and her legal heirs mutating the title in their name with the connivance of Revenue personal will amount to fraud, cheating.  The daughter and son in law of B will definitely have a right to challenge the above said illegal act.  The entries made, if any will be set aside by the appropriate court/revenue department.

T. Kalaiselvan, Advocate (Advocate)     12 March 2014

Mr. B's surviving legal heirs or the beneficiaries of his Will do have rights to pursue the Regular second appeal, though it is barred by limitation, an application u/s 5 of limitation act to condone delay expressing actual facts for the delay in following up the appeal can be made before the appellate court.  Mrs. C and action of her  accomplice attract offences and punishments under criminal laws for land grabbing, cheating, forgery, etc.

Preetam Thakur (MHA)     17 March 2014

Thanks Mr. Advocate Ravinder P. and Mr. Advocate T. Kalaiselvan.

SURJIT SINGH WALIA (SENIOR ADVOCATE)     17 March 2014

Action of Mrs. c and her childrens comes under 467,468,471 IPC, lodge a complaint before the police or in the Court and you will definetely get the result soon, appear before the AC 1 for not to accep the application of mutation and contest the application through your lawyer, ask for the stay from the H'ble High Court

Preetam Thakur (MHA)     18 March 2014

Thanks Mr. Senior Advocate Surjit Singh Walia.


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