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False Fir Filled By Brother Against Others
22-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.
hi you could file quash petition in high court to quash the FIR and that the allegations mentioned in the FIR are false and baseless and that you are no where connected to allegations mentioned in FIR
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Adv. Baddam Aravind Reddy
Adv. Baddam Aravind Reddy
Secunderabad | 1000+ Answers
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Gift deed can be challenged in the competent civil court it is purely civil matter. Person can gift his property to any one as per his wish criminal cases will not attracted in this case If false criminal case filed can be quashed in High court.
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Adv. Mohammed Mustaq Ahmed Siddiqui
Adv. Mohammed Mustaq Ahmed Siddiqui
Hyderabad | 200+ Answers
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It sounds like there may be a dispute over the ownership of the property and whether the gift deed executed by your father was valid. The issue is whether the gift deed was executed with the free will of the father or not, and whether it was done under any undue influence or coercion.
If your father was of sound mind and had the legal capacity to execute the gift deed, and the gift was made voluntarily and without any undue influence or coercion, then it would be considered valid. However, if the opposing party can prove that the father was not of sound mind or was under undue influence or coercion at the time of the execution of the gift deed, then the gift may be considered invalid.
The fact that the case was filed years after the gift deed was executed may make it difficult for the opposing party to prove that the gift was invalid. However, it is possible that the opposing party may have new evidence that they were not able to present earlier.
It would be best to consult with a lawyer who is familiar with property laws and criminal procedures in your state. They will be able to advise you on your rights and options, and how best to defend against the criminal charges. They may also be able to help you take legal action to protect your ownership of the property.
It's important to note that these matters can be complicated and it may take time and money to resolve this issue. It will be best to have all the documents and papers ready before consulting the lawyer.
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Adv. A Murali Mohan
Adv. A Murali Mohan
Chittoor | 50+ Answers
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