LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Reopen a case of missing person

 

My brother is missing since 5 years and he was not mentally fit. We were living in a joint family. Other family members and I were informed by his wife, after 4 days he had gone missing. We then lodged a complaint in the police station about his missing. Before my brother went missing, our joint property was to be divided amongst both of us. But his wife and his in-laws were not happy about the division. So they started fighting and quarelling about this issue. We(my familly) doubt that his wife and in-laws had something to do with my brother´s missing. We also informed the police about it. But no action was taken.

 

Later on his wife sued false case against me in civil court for domestic violence and she asked for interm relief. Interm relief has been denied by the court and domestic violence case is still pending. But she is going to various police stations and filing false alligations against me. Recently, she has filed a false complaint that I have tried to transfer my brother´s property to my name. She is putting these alligations based on convence deed which was applied before my brother went missing but was issued by the Government Authority later. The convence deed stated that the property belongs to both of us(my brother and me). Now she has claimed in the police station that the signanture of my brother are either forged or my brother came back and we took his signature on it and we then made him disappear.( Yeap she has gone nuts!)  Actually I signed the convence deed and gave it to my brother to sign.

 

As earlier they were not happy with property divison and now they are claiming that my brother signs are forged on convenced deed, so I doubt that might be they have pressurised my borther (as he was not mentally fit) not to sign on deed or they have taken forged signature on deed and based on that they are putting false allegaton on me.

Now I am pretty much sure that his in-laws were involved in his missing or he has been killed by them. Now my question is that is there any possibility to reopen the case of my brother.

Can they put an allegation of forged sign against me?


Please guide me for the same. what step I should take.



 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 February 2012

Is their any wittnesses signatures on the deed?  If she claimed that her husband's signature is forzed, then you can take the help of the wittnesses.  If she is not satisfied with the division she can file a case in the court for partition, but she cannot because during the life of the husband she cannot claim any share.  Your brother is not yet dead, I think she knew that so she is doing like this.

Another thing this deed is regd., or un regd.,?


(Guest)

Thks Raju for your reply. The deed is registered and issued by govt officals itself. Convence deed already states that the property belongs to both brother. It is not in my favor so How I can take benift of that. She is putting false allegation on me.

Also I think for Convence Deed we do not need any witnesses, becuase it is not property transfer document. It is a sort of formality which has to be done before transfering the property. But still I will chk the document once again.

Can I suit a case against her for killing my brother ???


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register