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Property dispute brother was witness in sale what can my brother do
09-Jul-2023 (In Criminal Law)
My brother was witness for a relative who was purchased a property. but later a person files 156/3 and is claiming that 7/12 was on his name but some other person has signed behalf of him Now Registrar is saying that inquiry will be aginst my brother who was the witness for buyer. but my brother was earlier no where in the picture when that lady was buying the properyt. but why there will be inquiry against my brother he was only a witness.
When the FIR is lodged immediately challenge it and file writ under section 226 in Allahabad high court for arrest stay.
I assure you your brother will get stay and he will not face any problem after arrest stay as he is jUST marginal witness of buyer.
I assure you your brother will get stay and he will not face any problem after arrest stay as he is jUST marginal witness of buyer.
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Adv. Ajay Singh
Allahabad | 100+ Answers
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It is the liability of witness to identify the vendor and vendee and if the identification is wrong, witness is liable.
In your case, brother witnessed buyer only so he may get some relief from high Court by filing a petition challenging the inquiry
In your case, brother witnessed buyer only so he may get some relief from high Court by filing a petition challenging the inquiry
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Adv. Amrendra Nath Rai
Allahabad | 25+ Answers
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If your brother has acted only as an identifying witness and has identified the true seller and purchaser, has no role in the decision making process of the alleged fraudulent sale then there is nothing to worry. In case FIR is registered as per the orders of the Court, then he can approach the High Court for getting the FIR quashed or for stay of arrest during investigation.
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Adv. Suyash Gupta
Lucknow | 25+ Answers
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