You can contact any lawyer on this website for consultation
the 400 pages dossier needs to be reviewed to advice you in this case
Breach of trust
Subject:Engagement Inquiry — Multi-Track Civil & Criminal Matter I, **Hiren Dilipbhai Gandhi** (DOB 5 July 1970; PAN ABEPG4987F), of 1470 New Madhupura, Ahmedabad — 380 004, write to inquire about your availability to be engaged in a complex matter in which I am the affected party. I am a Class-I heir of my late grandfather **Shri Babubhai Manilal Gandhi** (intestate) and my late father **Shri Dilipbhai Babubhai Gandhi** (deceased 22 March 2026). I am the Founder Director and Secretary of the InGlobal Business Foundation (IBF). I seek concurrent representation across six reliefs: 1. **Partition** of the ancestral immovable and movable estate, including gold, silver and bank-locker contents of the late grandfather; 2. **Breach of trust and cheating under the notarised MOU dated 17 August 2000** — civil enforcement of contractual indemnity (approximately Rs. 4 crore expended on MMCB-related litigation) and criminal action under BNS §§ 316 and 318 against the indemnitors; 3. **Criminal prosecution** for forgery, conspiracy and cheating against named accused; 4. **Defamation — civil and criminal** — against Shri Biren D. Gandhi, the Madhavpura Market Co-Op Society and Madhavpura Mercantile Co-operative Bank Ltd.; 5. **Recovery of possession of Shop E/8**, Madhavpura Market; 6. **Hathising Vadi Trust** — 41E application under the Gujarat Public Trusts Act, 1950. A **398-page Legal Dossier** with documentary annexures is available for your review under a signed engagement letter. I would welcome an initial consultation at your earliest convenience. Yours faithfully, **Hiren Dilipbhai Gandhi** +[deleted] · [deleted] Note on the MOU clause.** I have framed Relief 2 with both prongs — civil enforcement of the contractual indemnity (recovery of the ~Rs. 4 crore you spent over 17 years on MMCB litigation, which the indemnitors were contractually bound to bear) and the criminal charges (BNS § 316 criminal breach of trust and § 318 cheating). This signals to the advocate that the MOU is not just background to the family fraud — it is a stand-alone enforceable instrument with its own civil and criminal teeth, which is exactly what it is.
Asked 2 months ago in Property Law
Religion: Hindu
10 Answers
Your query is spread out to various subjects, i.e.civil and criminal topics,
You may better consult any advocate of your choice either from this website rough the options available or outside through your own sources.
LEGAL ISSUES — SUMMARY **1. Criminal** Quashing of FIR 266/2004 (Madhavpura P.S.) *qua* the Client — minor on the impugned 1987 document; State Home Ministry directive of 17.12.2005 already records this. Prosecution of forgery, cheating, criminal breach of trust, and conspiracy against named family, Society, bank and corporate accused. **BNS, 2023 §§ 316, 318, 336, 338, 340, 61, 3(5); § 528 BNSS quashing in the Hon'ble Gujarat High Court.** **2. MoU Breach (Notarised MoU dated 17 August 2000)** Family indemnitors undertook to bear all MMCB-related claims at their cost. Breach: Client has expended ~Rs. 4 crore over 17 years. Civil enforcement of indemnity + criminal action (BNS §§ 316, 318). **3. Fake / Forged Signatures** Q1–Q5 forged signatures on Own Merchant Shroff Pvt. Ltd. corporate filings (marked by Examiner J.J. Patel, 14.06.2010) against the Client's ten notarised specimens (S-1 to S-10) of 26.05.2010. Suspected forgeries on the alleged Will of the late grandfather and on the Shop E/8 transfer documents. Forensic examination by Truth Labs / FSL Gandhinagar. **4. Property Rights** (i) 19 Navyug Society bungalow, Ambawadi; (ii) 1470 New Madhupura; (iii) Survey 8/48, Dariyapur–Kazipura; (iv) **Shop E/8, Madhavpura Market — recovery of possession under § 96 GCS Act, 1961** against the Society and Laxmi Alloys Pvt Ltd; (v) Hathising Vadi Trust — § 41E GPT Act, 1950 application; (vi) **movable estate of late Shri Babubhai Manilal Gandhi — gold, silver, bank-locker contents; Order 38 R. 5 CPC attachment.** **5. Family Partition** Class-I heir of (i) late grandfather Shri Babubhai Manilal Gandhi (intestate) and (ii) late father Shri Dilipbhai Babubhai Gandhi (d. 22.03.2026). Partition Suit + Caveat under § 148A ISA, 1925 + Order 39 injunction. Hindu Succession Act, 1956 § 8 read with Class-I Schedu
Asked 2 months ago
With the available details and documents you should consult an advocate either in person or though any mode of communication if you want proper remedy to your problems, you may proceed as suggested in the previous post.
SERIOUS CRIMINAL OFFENCES — BULLET POINTS **Forgery of valuable security** — Q1 to Q5 signatures on statutory corporate filings of Own Merchant Shroff Pvt. Ltd. (Annual Returns, Balance Sheet, Directors' Report) — marked by Examiner of Questioned Documents Shri J.J. Patel, 14 June 2010. **BNS § 338 / IPC § 467 — up to life imprisonment.** - **Fabrication of a Will** — alleged forged Will of late Shri Babubhai Manilal Gandhi propounded in favour of Smt. Swetal Biren Gandhi. **BNS § 338 / IPC § 467.** - **Forged Vakalatnamas** in proceedings 506, 522 and 527 of 2000 — proceedings disposed of without the Client's knowledge. **BNS §§ 336, 338, 340 / IPC §§ 463, 467, 471.** - **Cheating and false induction of a minor as "partner"** — Ganesh Chemicals Pedhi document dated 23 June 1987 used to obtain MMCB credit; Client was aged 16 yrs 11 months 18 days. **BNS § 318 / IPC § 420 — up to 7 years' imprisonment.** - **Criminal breach of trust under the notarised MoU of 17 August 2000** — family indemnitors retained the ancestral properties and passed the entire 17-year MMCB litigation burden (~Rs. 4 crore) onto the Client. **BNS § 316 / IPC §§ 405–409 — up to 7 years (or life if as a trustee).** - **Criminal conspiracy and common intention** — sustained concert of action across family, Society office-bearers, Laxmi Alloys Pvt Ltd directors, MMCB officials and Hathising Vadi trustees. **BNS §§ 61 and 3(5) / IPC §§ 120-B and 34.** - **Criminal trespass and dispossession of Shop E/8**, Madhavpura Market — wrongful induction of Laxmi Alloys Pvt Ltd into the Client's allotted premises without a registered conveyance. **BNS § 329 / IPC §§ 441, 447.** - **Criminal intimidation and midnight expulsion** — Client expelled from 19 Navyug Society in August 2000 with wife and infant son. **BNS § 351 / IPC § 506.** - **Defamation — false public imputations** through FIR 266/2004
Asked 2 months ago
Quashing is to be done only in exceptional circumstances
if allegations made in FIR disclose commission of offence HC is reluctant to quash FIR
It is necessary to peruse all documents mentioned by you to advice
I can't attach a PDF file here . please give mail id so i can send PDF file
Asked 2 months ago
You need to contact a lawyer in this website
since these documents run into 400 pages you have to pay his charges for review of these documents
You may have to discuss with an experienced advocate either from this website or outside along with the documents pertaining to the allegations you have mentioned here and proceed as per the advise of the chosen advocate.
There is no provision to attach any documents in this website moreover since it is a large document, you may have to entrust the task to an advocate in person who you would be engaging for the purpose on the terms of chosen advocate
Sir/Ma’am
If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.
https://www.linkedin.com/mwlite/in/prashanth-nayak-5477b138
You can reach me on 09 yu 769 fg 490 ghj 911
From the facts stated by you, the disputes disclosed are both civil and criminal in nature and appear to arise out of a long-standing family, property, trust, cooperative society and corporate dispute involving allegations of forgery, fabricated testamentary documents, dispossession, breach of trust, and misuse of legal proceedings.
Your civil remedies appear to broadly include: partition and inheritance claims under the Hindu Succession Act, 1956, recovery of possession proceedings, injunctive relief, attachment before judgment, challenge to alleged forged testamentary documents, and proceedings concerning trust and cooperative society properties.
Since you are claiming rights as a Class-I legal heir of both late Shri Babubhai Manilal Gandhi and late Shri Dilipbhai Babubhai Gandhi, your succession and partition rights would require adjudication through a comprehensive civil suit seeking: declaration, partition, rendition of accounts, mesne profits, injunction, and preservation of estate assets.
Where there are apprehensions regarding alienation of movable assets such as gold, silver, lockers, securities, or estate properties, relief under Order XXXVIII Rule 5 CPC and temporary injunction under Order XXXIX Rules 1 and 2 CPC may be maintainable subject to supporting evidence demonstrating urgency and risk of dissipation of assets.
With respect to the alleged forged Will, signatures, vakalatnamas and corporate filings, allegations under: BNS Sections 336, 338, 340, 316, 318, 351, 61 read with Section 3(5), corresponding to earlier IPC provisions relating to forgery, use of forged documents, cheating, criminal breach of trust, intimidation and conspiracy, are serious offences in law. However, mere allegation is not sufficient. Criminal prosecution will substantially depend upon: forensic evidence, original records, handwriting expert opinion, Registrar of Companies filings, court records, witness testimony, and proof of fraudulent use of documents.
The opinion of an Examiner of Questioned Documents can be relevant corroborative material, but ordinarily the investigating agency or court may require independent forensic examination through FSL or court-appointed expert analysis during investigation or trial.
Regarding the alleged forged vakalatnamas and disposal of proceedings without your knowledge, if you can establish that proceedings were conducted on the basis of fabricated authority or signatures, you may explore: recall/restoration proceedings, fraud on court applications, criminal complaint for forgery and impersonation, and applications seeking certified judicial records.
The allegation concerning induction of a minor into partnership and use of such documents for obtaining institutional credit may also have evidentiary significance if supported by age proof, bank records, partnership documents and loan files.
At this stage, your matter requires careful structuring because indiscriminate filing of multiple proceedings without consolidation of evidence may create procedural complications and limitation issues. The better approach is usually: first securing and preserving documentary evidence, obtaining certified copies of all court, ROC, society, trust and property records, creating a chronological litigation matrix, and then strategically initiating civil and criminal proceedings in the correct sequence.
You should immediately secure: certified copies of all title documents, ROC filings, FIRs, vakalatnamas, orders in Proceedings 506, 522 and 527 of 2000, trust records, MMCB litigation papers, locker details, banking records, and society allotment/conveyance records.
If there is immediate apprehension of further alienation of assets or destruction of evidence, urgent interim applications for status quo, injunction and disclosure of assets may become necessary.
The caveat under Section 148A CPC is advisable where you apprehend ex parte proceedings in property or testamentary matters. However, the reference to Section 148A of the Indian Succession Act appears incorrect, since caveats in civil proceedings are generally filed under Section 148A CPC.
In conclusion, the allegations narrated by you disclose potentially maintainable causes of action both civil side and criminally, but the success of such proceedings will entirely depend upon documentary evidence, limitation, procedural strategy, and the ability to establish fraud through admissible material rather than allegations alone. Considering the multiplicity and seriousness of proceedings, you should proceed through a coordinated litigation strategy prepared after full document review by counsel experienced in property, probate and white-collar criminal litigation.
