fraud affidavit given by my uncle using my mothers identity

880 votes

Hello,

The present case seems to be a case of Sections 463-466 of Indian Penal Code which provides for Forgery, its ingredients, its punishment and also forgery of record of public register. While the punishment for forgery is max 2 years with or without fine (Section 465), the punishment for an offence under Section 466 is maximum 7 years. Your case will also attract provisions of Section 468 which deals with forgery with an intent to cheat. The present case is also a case of Cheating by impersonation (Section 416) which can attract a punishment of 3 years.

With regard to the question of limitation, the provisions under Section 468 of CrPC govern the limitation for cognizance of limitation.

In the present case as it is an offence under Section 468, which can attract a punishment till upto 7 years, there shall be no limitation . The limitation for cognizance of offences has been prescribed under Section 468 of CrPC. The limitation is 3 years for offences which carry sentences of more than 1 year but not exceeding 3 years. However, limitation can be extended in terms of Section 473, CrPC. Pertinently, limitation is to be calculated from the date of knowledge of the offence.

Advocate Shantanu Chaturvedi LawRato

818 votes

You better file a suit for injuction and restrin them from selling the property or creating any third party interest in the property.Sometime in the case you have stated they may escape saying that this is done by agent whom they had asked to procure the meter etc.

Advocate Rajesh Rai LawRato

995 votes

You should make a complaint within three years of your attaining the knowledge. However, it is advisable to make the complaint immediately.

Advocate Avneesh Garg LawRato