My legal question:
A) Our house is in my grandmother's name & her 2nd son went to a notary public with a aged lady, claiming she is his mother & got a affidavit notarised in my grandmother's name saying "house is transffered to his name from his mother" in a 20 Rs. stamp paper. Actually my grandmother don't know this & she not went to that notary public & she not done signature on that stamp paper. She not done signature on notary register which is maintained by notary public.
Later we came to know about this false affidavit & my grandmother filed a forgery,cheating FIR in police station aganist her son. Its under investigation. we got only xerox copy of that stamp paper from local village panchayath ,where her son submitted that xerox copy, to them to make transffer procedures in village property register. I feel accused may be destroyed original stamp paper by now.
1)Now how to proove this forgery aganist accused?
B) Now i checked this false notary matter with that concerned notary public who did that notary, by calling him on his cellphone & notary telling(lying) my grandmother only came & thats why he done the notary procedures/seal on that stamp paper. He also told,now the notary register which he need to maintain as per law in his office, was eaten by insects/cockroach.This phone call i recorded. Now i given a complaint as per Notary acts aganist said notary public, to district court/law dept. with a evidence of recorded conversation CD. The district court accepted my complaint & just now issued a notice to said notary public to attend court for enquiry.
1. Is this my phone recording of my own conversation with this notary public is illegal or criminal offense?
2. If this recording is illegal, any fine i need to pay? Or any imprisonment?
3. can this CD will be treated as evidence in courts as per indian laws ?
