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A relative claiming false relation to obtain legal heir certificate.
10-Mar-2025 (In Family Law)
Father Name : A(Dead)
His Bilogical Sons are B, C, D
Another Person- A1(Dead) and had two biological Daughters both alive - D1 & D2
But from above 3 sons, Son D prepares all his govt legal id proofs keeping person A1 as his father.And he tries to claim as legal rights(legal certificate,all property etc) on his name claming as biological son of Person A1 which is not true.
Is there any Indian constitutional court of law being violated here?
If yes, kindly explain how to put a case against him.
Son D is liable under the provisions of IPC for cheating and forgery. Also, his action of making false claim about parentage can be challenged under provisions of Indian Evidence Act. You must consider doing the following immediately: 1. File a complaint before govt. authorities like UIDAI to cancel fraudulent records under his name. 2. File an FIR before police for fraud, misrepresentation, and forgery. 3. File a civil suit for declaration and injunction. 4. Obtain a succession certificate establishing D1 and D2 as the rightful legal heirs.
Helpful?
Adv. Sandipan Mohanty
Bhubaneswar | 5+ Answers
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Son D has falsely claimed that A1 is his father and is trying to get legal documents and property rights based on this lie. This is a criminal offense under Indian law, including fraud, forgery, and cheating. Since his claims are false, legal action can be taken against him.
Legal Actions You Can Take:
File a Police Complaint (FIR): Report to the police for fraud, forgery, and misuse of documents under IPC and BNS laws.
Criminal Case: File a case in the Magistrate Court under Section 340 CrPC if the fraud has affected legal proceedings.
Civil Suit: Approach the court to declare Son D’s documents as fake and stop him from claiming property.
Property Protection: If he has changed property records, apply to cancel the mutation in the Revenue Office.
Writ Petition in High Court: If authorities do not act, file a petition in the High Court to cancel his fraudulent documents and restrain him legally.
These steps will help protect your legal rights and prevent Son D from fraudulently taking over property or claiming false legal status. Let me know if you need legal drafts for any of these actions.
Helpful?
Adv. Benjamin Sishu
Cuttack | 25+ Answers
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