I require your assistance in the below case. We are located in Karnataka.
My grandfather brother (A) (70 years) cheated my grandfather (B) (85 years) and my mother(C) (60 years) (only daughter to grandfather) with respect to ancestral property which was equally divided, hence we have filed a PCR against A with B as the main complainant and C as secondary complainant for the section 420, 471.
Now we are in the second time sworn statement state, where B is unable to come and have sworn statement due to old age, can only C perform the sworn statement for the case as the honorable Judge is informing repeatedly to get B for the sworn statement.
If either B or C is unavailable ( due to Old age or health issues) as a immediate relative like B’s grandson and C’s son can proceed with the case like sworn statement or proceed with cross or evidence.