Legal Question in Medical Malpractice in India
advice how to proceed please.
To: lawguru.com Subject: ADVICE & GUIDANCE APPEAL.
Respected Sir,
Two doctors a notary witnessed a false will of 90 year old parkinson/alzeimers patient.they all mispelled the surname of the deceased thru out the VERNACULAR will as well as doctors attesting (in english language) and vouching sound mind of deceased .The will is unprobated inspite of 50+ notices FOR LAST 4 YEARS . UPON HIGH COURT NOTICE THE NOTARY IN ADMITTED IN WRITNG THE WILL IS NOT OF THE DECEASED BUT THE TWO DOCTORS REFUSE TO SEE THE TRUTH . HOW TO PROCEED FURTHER ? CAN WE FILE CRIMINAL SUIT IF SO UNDER WHAT OFFENCES?FURTHER CAN WE FILE COMPLAINT TO MEDICAL COUNCIL ? If any specific form. looking for case laws Indian and international -in person. PL SEND ME ZEROX COPIES .MY EMAIL ADDRESS IS [email protected]
Emailed on 17 th march 2001 in great expectation.
9, Patel Chambers , 2 nd floor, room no 1,
Gunbow Street, Fort, Bombay 400001. Maharashtra India.
Tel Res 266 2930 after 9 pm indain night time.
2 Answers from Attorneys
Re: advice how to proceed please.
Dear Friend,
I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.
Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.
We believe you shall understand.
Warm regards and happy new year
Satish Maheshwari.
Re: advice how to proceed please.
Dear friend,
With reference to your query, let me inform you that you have got every right to inititate the criminal proceedings against the accused namely the doctors and the notary. There are basically two options even in criminal proceedings :
First is to get an FIR registered with the police station of your area concerned.
Secondly if the police does not register the FIR, then you can engage the services of some lawyer in your area and file a criminal complaint under the following sections of Indian Penal Code (IPC) i.e. Sections 463, 464, 470 and 471 read with S.120B of the said Act.
And in case you are able to prove the inability of the deceased to execute the will and as such the forgery of same then the accused are liable for imprisionment of more than 10 years.
With best wishes,
Raman Aggarwal
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