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Cases Filled By Brother Against Remaining Brothers


21-Jan-2023 (In Criminal Law)
1.Husband purchased a property in wife name in the year 1990 from his own sources of income. Later at 2004 wife expired. Father 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 .He is saying father was not in good condition . And he has some doctor report. But father has only visited subregister office and executed gift deed. Document includes father signature, thumb impressions and also his photo . He has filled sections 420 ,120b 467 , 471. All this has taken 5yrs before . But he has filled case now. Can he file criminal case??Because its related to civil. And what can be done from our side. We got gift deed executed from father.
Answers (2)

Answer #1
730 votes
The criminal case does not have much stand as it is of pure civil nature, and even if judge orders issue process against you then you can approach sessions court to set aside the issue process order, the delay of 5 years has to be explained by your brother for filling the complaint. Your brother wants some money therefore he has filed criminal case, its best to settle the matter and gove him some money as he is your brother only not some outsider
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Advocate Kishan Kothari

Adv. Kishan Kothari

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Answer #2
754 votes
Hello if the valid gift deed is executed then no question arises for challenging the same and that can be done only before civil court for cancellation of the same ( usually gift deeds cannot be cancelled) but to harass you a case of forgery can be filed on false grounds . If you have any apprehension for the same apply for anticipatory bail.
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Advocate Harshad Garud

Adv. Harshad Garud

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