Legal Question in Criminal Law in India

Dear experts,

I need some expert advice

Facts of the present case:

Me and my 4 brothers along with my mother owned some joint property. In 1996, as per a verbal partition of all our joint properties, the present property in question was decided to be given to me after a payment of Rs. 5 lakh to the other co owners. By 1998, I paid this decided amount in installments to my brothers and my mother. In return they gave me a POA for this land in which it was mentioned that they had received the consideration of 5 lakhs. 2 years later I used the POA to register a sale deed of the land in my son's name. Since I was also a co owner I executed another gift deed of my share also in my son's name.

My mother passed away in 2008, but since the value of the property in question has now increased manifold, 2 of my brothers started asking for more money by pressurizing me and also my mother. Before her death anticipating some trouble my mother signed a memorandum that my sale deed is valid. This was signed by one of my other brothers as well as my father. Rest of the other properties my mother divided equally among us by will.

Now I started some construction in the said property. 2 brothers filed a police complaint saying that I had forged a POA and they got to know of this only when I started construction and they also claim that I gave them the copy of the POA which I never did because it was they who had given the POA to me in the first place. Also the original of this was reported to be missing since 2009 so that is why I think my 2 brothers hatched a plot to pressurise me into paying them money.

The police filed a report saying that the dispute is of civil nature. My brothers then filed an application under section 156 (3) in the JM court. The JM dismissed the case saying that the case is of purely civil nature and criminal courts should not be misused for such cases. Aggrieved by the order my brothers filed an application in sessions court. However, they have added some more documents that were not part of the complaint in the JM court. These include:

1. Handwriting expert report that says that their signatures do not tally.

The thing is I did not see them sign the POA. They just gave to me and since the original is missing they got expert opinion on photocopy and filed it in revision in sessions court.

My queries to the experts are:

1. Can new documents be presented by them at this stage.

2. How can I prove my point as the original is missing. I only have my mothers and one of my brothers memorandum. Also my father will depose on my side if needed as he knows that these 2 brothers are lying.

3. Is the JM correct in concluding that this matter is purely civil in nature.

4. What is the weightage of the handwriting expert report using a photocopy and not an original. Is this acceptable as evidence in revision proceedings. My understanding tells me that signature verification cannot be conclusively done on a photocopy. Is there such a thing in law????

3 Answers from Attorneys

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