• Forgery of will for wrongful gain in property

Dear Sir,
                I am a government employ. I got married in year 1992, after two year my younger brother also got married with the younger sister of my wife. in 2009 they got divorced mutually through a decree of civil court than my brother got second marriage in year 2009. we two brothers are living separately as he is also a government employ. our father in-law expired on 10-12 -1998. on 3-11-1998 he executed a will which was typed on a letter head pad of the petrol pump which he owned. My younger brother signed as a witness on the will along with other two witnesses. My brother in-law got transferred all the property in the name of my mother in-law and sold it to other parties. Now ex-wife of my brother who is also one of the daughters out of three of my father in-law has filed an application before the Local S.P. challenging the will and claimed it being forged and sought to register a case of fraud under section 420 and 120B of the IPC against all the beneficiaries, witnesses and me and my brother. The case has been marked to the DSP head quarter who is inquiring into the case.. She is now demanding money and share of her children in  our ancestral property from me and my brother to withdraw the application and also putting political pressure on the police to expedite the case. what is the legal remedy available to me and my brother in the law. Dose the police has power to arrest me in this case.
Asked 1 year ago in Criminal Law from Yamunanagar, Haryana
Religion: Hindu
Hello,
1) For the offences that you are charged with are serious. Sec.420 is non bailable and the punishment can extent up to 7 years.

2) The Police can certainly arrest you without a warrant if it chooses to do and if there is political influence it is more than likely to happen.

3) You need to seek anticipatory bail from the sessions court/ High Court to avoid possible arrest by the police.

4) If  a known person or  a relative threatens time and again to commit  suicide and to leave a suicide note mentioning your name in it as responsible for the suicide, you need to file a complaint of the same in the nearest police station. Try to record the threats if possible.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
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This is a civil case hence police will not interfere in this issue. There is no reason for filing a complaint under the said criminal law provisions.   She can challenge the will in the court of law only and not by such extortion methods through police blackmail.  If she has any claim in the property she may file a suit for partition  and declaration of the will as null and void

If a person continuously harasses you with the suicidal threats, a NC complaint may be lodged with the concerned police giving the facts and  to register your concern over it and to safe guard you from the possible legal actions if at all the person really commits suicide and holds you responsible for his suicidal death. .
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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1. If the property was transferred by your father-in-law to his wife then she alone could sell the properties, whereas the sale by your brother-in-law is illegal.

2. The forgery of will, if any, has to be proved through cogent evidence in a court of law. The sale made by your brother-in-law can be challenged by your wife's sister in the court, which can declare it as illegal as it is without legal authority.

3. It is advisable that all the accused persons should obtain anticipatory bail lest they are arrested. Police has unquestionable powers to arrest all of you.

4. Applying for anticipatory bail is the first step in the pro-active approach to preempt the adverse consequences of the complaint.
Ashish Davessar
Advocate, Jaipur
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As per the query , Your sister in law  has option to file a case for partition. and setting aside the new document and declared it as null and void. PC 420 -cheating and 120B is not sustainable .

complaint may be lodged before  the concerned police station regarding the suicidal threat and harassment 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
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