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RAHUL AGRAWAL   13 January 2022

Fraudulently taken a decree from court

Hello Teammates

I am Grandson of Bimala Devi Agrawal she had a land property in her name, during the year 1989 one of her son transferred the property to his name thru affidavit mention in Thasildhar court that out of 4 children bimala Devi has given the entire land to 1 son and filed a petition and in that mutation case thasildhar had dropped the case but after few months the transfer was allowed, since then one of my uncle enjoyed that property in his name without giving knowledge to others, In the year 2007 when my Grandfather was unwell my uncle designed and created a civil suit and by counter claim took a decree from the court, in that civil suit my father or other children was not party to the suit, the suit was designed such a way that Bimala Devi filed a Civil Suit to get back her property and made my uncle party who enjoyed the property in his name and my Grandfather. During the year 2016 when Bimala Devi died, I asked my uncle to do partition and give my share since my father died in year 2015 prior to Bimala Devi and my mother died in year 2013 and my grandfather had died in 2008 so I wanted to get my share but I was been ignored and denied so I took out the documents of the property from Thasildhar office and found that in the mutation case of year 1989 the land was transferred to my uncle thru affidavit but the copy of affidavit was missing from the thasildhar office, in my partition suit I asked the honorable senior division Civil judge court to give me justice that time the civil suit case of 2007 came into my knowledge then I applied for the certified copies and found that my grandmother signature was not matching so I took the plea that it is fraudulently taken and also registered a FIR against my uncle under IPC 420, 466,468 now the police is doing investigation and then will forward the matter to court.

My question
1. My uncle claims possession of land since 1989 which is also by fraud mutation and my grandfather and grandmother used to live in the same land till they died. How do I get back the possession from my uncle.

2. What all criminal sections can be added in this case and what is the punishment for playing fraud in court?

3. What ever my uncle has earned in his life is from my grandmother's property what step should I take ?

4. Uncle got the decree and took a bank loan that seems to be a criminal activity what should I do?

5. Uncle even sold some land what should I do?



 3 Replies

Archana Pandey   14 January 2022

Ans 1) You will retrieve the property under Section 10 of Hindu Succession Act which says "Distribution of property among heirs in class I of the Schedule"

Rule 4 : The distribution of the share referred to in Rule 3 -

(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his pre-deceased sons gets the same portion;

Ans 2) You can charge him under Section 464 for making a false document, dishonestly and fraudulently.

And 3) For taking a loan you can file again case under Section 469 for Forgery for purpose of harming reputation.


1 Like

Aryan Raj   14 January 2022

In response to your query,

Section 10 in The Hindu Succession Act, 1956

Distribution of property among heirs in class I of the Schedule.—The property of an intestate shall be divided among the heirs in class I of the Schedule; Rule 4.— The distribution of the share referred to in Rule 3— (i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his predeceased sons gets the same portion;

You can charge him with manufacturing a fake document, which is a dishonest and fraudulent act, under Section 464. You can also file a lawsuit under Section 469 for forgery with the intent to injure another person's reputation if you take out a loan.

For illegally transferring the property and making a profit by selling the same you can file a case against him for Forging the documents/Misrepresentation of facts/Misuse of Power of Attorney/Preparing fake documents.


Aryan Raj

1 Like

Megha   16 January 2022


Please find response to query below.  

Firstly, you can file a case against your uncle fraud commiting fraud by way misrepresentation of facts, making false documents and forgery of documents under sections 415420 464, and 463 of Indian Penal Code, 1806 (IPC) respectively.  

Now, with regards to the bifurcation of the property under dispute, the first and foremost point to be noted is that your grandparents died intestate ie without a registered will for the division of property.  In such cases, the provisions of the Hindu Succession Act, 1956 from section 8 to section 13 will have to be given effect to.

Section 8 lays down the general rule of succession incase of death of an intestate male, section 9 to 13 carves out the order of succession amongst various classess of legal heirs.  As per section 8, the property will first be distributed amomgst Class 1 heirs (Son; daughter; widow; mother; son of a pre-deceased son, etc).  The division as per Rule 4 od section 10 specifies that in case of a pre-deceased son, the division of his share shall be equal amongst his widowed wifeandsurviving sons and daughter.  Accordingly. you will beb entitled to such share of property as was attributable to your father along with your sister.   

Best regards,

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