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Civil Case Filled criminal Case


09-Jul-2023 (In Civil Law)
Husband purchased a property in wife name in the year 1990 from his own sources of income. And property was registered in the name of wife. Later at 2004 wife expired. And husband got the property transfered to his name by producing death certificate of wife. And got khata transferreed to his name. And further father executed gift deed in the name of childrens. Except one child. Now that one child has filled criminal case . In the form of PCR and filled sections 420 , 471, 120b and other sections . He has some doctor records saying father was not well. And he has filled this case after 10 yrs of execution of gift deed now even father has got expired. He is saying that father was not well and they have forged fathers signature. Generally when wife dies without will. Property becomes equal share between children and husband. Now since husband has transfered property to his name after death of his wife and executed gift deed to 3 children excluding one child.Will this leads to forgery?
Answers (2)

Answer #1
961 votes
Hai.. I will assist you with respect to the issue that you have raised Looking into the facts, the case is civil in nature. you can approach High Court and get quahsed. for more details fix an appointment with me through LawRato
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Answer #2
697 votes
Dear Sir, Normally, the property of women died intestate will be divided among her legal heirs as per Section 15 and 16 of Succession Act. But any register document is to be challenged within three years of such execution. Moreover, such transfers does not attract criminal proceedings it being a civil in nature related to family. The accused may approach the High Court to get Quash such FIR.
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