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Civil Case Fillled Criminal Case


10-Jul-2023 (In Criminal 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 (1)

Answer #1
811 votes
there are various judge of the supreme court as well as high courts of various States across the nation that establish a law that in case of a civil dispute a criminal complaint should not be made and if it is made then it is an abuse of process of law and demolishes the very intent of the Legislature which is to provide assistant to be person who is suffering and not as a sword against somebody who wants to extort something out of anyone. please do not worry you are in safe hands I can supply you with various such case laws by which you can challenge that FIR in a 482 petition before the concerned High Court and quash the FIR concerned and the trial accordingly will also be over .
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