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Divya (nil)     22 November 2012

Jurisdiction criminal complaint where cause of action is sam

Dear Sir/Mam

My query is that my uncle has denied my family’s legal rights after the demise of my grandmother. Soon after her death, since he forcefully took custody of all legal documents as my grandmother was staying with him in Pune (Maharashtra)..He took advantage and breached us & cheated us..He filed false affidavits & submitted to banks and got Fixed Deposits with banks transferred into his name (ambala) – Movable Property..These FD’S were in my grandmother’s name.


He made another false affidavit that he is the only & put Ancestral Property at lease (ambala) – Immovable Property….This property was also in grandmother’s name…


Again he filed false declaration before Talathi (pune) that he is the sole legal heir and got Ancestral Property converted into his own name on 7/12 extracts (pune) – Immovable Property..This property was also in grandmother’s name…


My main concern is I am staying at Thane (Maharashtra) and accused uncle is staying at Pune (Mahasrashtra)..

Here cause of action is same in all fraudulent activities and breach of trust….whatever my grandmother had, both movable & immovable properties; have been forcibly & fraudulently taken over by my uncle….


Can I be permissible to file one common complaint at Thane for ipc 406 & other ipc’s involving false affidavits & declarations before various authorities on basis of which, my uncle is enjoying benefits of fraud both at Pune & Ambala….


Please guideme…Thankyou.


 2 Replies

Samar Garg (Trader)     23 November 2012

One has no rights to fight for the property named after a married lady since, that becomes a property of her lawful rights belonging from her original parental home and not from the In-laws side. 


However, if you have to file a criminal case you can file an application u/sec 156(3) Cr.P.C with the cheif magistrate or executive magistrate of the related jurisdiction, or you may file a case with the economic offfence wing of your state and other state, or you can plead before the court for a CBI enquiry into this case if the amount involved is huge. But if you file a case in your Thane jurisdiction for the matter related to ambala & pune, then your cases at pune and ambala will not sustain as since not more than one complaint can be registered for one offence.

Sajeev T Prabhakaran (Director)     19 July 2014

You can file case where any of the cause of action arises.

First you can complaint about the false declarations/evidence before appropriate forums under sections 195/340 Cr.P.C. Then court/the official authority become the complainant and your uncle will be an accused under various sections of IPC.

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