Legal Question in Criminal Law in India
Dear experts,
The facts of the case are as follows. I need advise on this. My father before expiring recently had told me that one of my younger brother may have purchased a property in my name in Delhi which he currently resides in. After this my father himself filed RTI applications in order to get the documents. Just before my father expired we got the documents through RTI and I was shocked. As property transactions in 1990 were done through GPA in Delhi, a GPA was issued in my favor by the seller in 1990. My brother worked in a bank so I think that is why he bought it in my name in 1990 so that he could still claim lease money from the bank.
My signatures on that GPA are forged. There is an affidavit given to the Municipal council Delhi. My signatures on that are also forged. A draft amount has been issued from my name to the seller for the payment. Also in 1 of the documents it is said that I had personally attended the office of Municipal council in Delhi in 1990 which is false. Sir, I have only got to know about this now. What is the best course to follow for me here.
1. Can I initiate criminal proceedings.
2. Can my second brother initiate criminal proceedings against this brother, even if I do not want to do it ?
3 Answers from Attorneys
27.01.2013
Dear Sir,
Always look at the positives and mould circumstances and situations to your advantage.
The bottom line is that the property acquired by your brother is in your name; you being its legal owner with all rights thereon. Then initiate criminal proceedings for what ? Simply go ahead and cancel the Power of Attorney deemed to have been issued by you to your brother, give a public notice thereof in a local newspaper, and proceed with dealing with the property in the manner you best deem fit.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
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