Legal heir certificate obtained by fraud Legal heir certificate obtained by fraud

1 month ago

My father was a first son of a first wife my grandfather. But my grandfather's second wife's and third wife's sons and daughters obtained a legal heir certificate. But they missed my father's name to include in the heir list. Is it an offense or not. If yes, what is a punishment to them?

Anik

Responded 1 month ago

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A.Dear Client,

A legal heir certificate is issued upon the submission of an affidavit by a legal heir, sworn before a competent authority like the Ist Class Judicial Magistrate or Executive Magistrate. In this affidavit, the legal heir declares, under oath, the names of all the legal heirs. Making false statements in this affidavit can lead to serious consequences, including criminal liability and contempt of court.

Submitting a false affidavit is considered an act of perjury, which involves intentionally providing false statements under oath. According to Section 193 of the Indian Evidence Act, individuals who knowingly present false evidence in any stage of judicial proceedings or fabricate false evidence that may be used in judicial proceedings can face punishment. This punishment may include imprisonment for a term extending up to seven years and the imposition of a fine.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
It is happening in a many cases. You may lodge criminal complaint and produce relevant documents before the Investigation Officer and also protest the same in Civil Courts.
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Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
A legal heir certificate is issued by a competent authority based on an affidavit sworn by a legal heir before the Ist Class Judicial Magistrate or Executive Magistrate declaring therein the names of all the legal heirs under oath. The consequences of filing a false affidavit can include criminal liability and contempt of court. It is viewed as an act of perjury, which involves knowingly making false statements under oath. Section 193 of the Indian Evidence Act states that whoever intentionally submits any false evidence in any stage of judicial proceedings or fabricates any false evidence which may be used as evidence in any stage of judicial proceedings shall be punished with a term extending up to seven years and also be liable to fine.
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