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?
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.
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.
Helpful
Helpful
Share
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.
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.
Helpful
Helpful
Share
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.
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.
Helpful
Helpful
Share
Read Related Answers
Staying at husband house after court ordered monthly maintenance
Dear Client,
In November 2020, the Supreme Court of India ruled that deserted wives and their children are entitled to alimony/maintenance from their husbands from the date they apply for it in court....
Husband and wife problem
Dear Client,
In case of marital issues, you can approach a family counselor to resolve the matter and seek appropriate assistance.
Hope it helps.
Thank you.
Sapinda relationship
Dear Client,
Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
Is any legal obligation for me to share the property within my brothers and sister
Dear Client,
All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
My parents trying to control my life they want to control me like papate.
Dear Sir/Madam
If you have attained age of majority then you may stay away from your parents with your independent income and intimate them by issuing a legal notice.
Read Blogs on Family
Family Lawyers
Find Lawyers by Location