EVICTION SUIT
1 month ago
MY WIFE IS THE OWNER OF THIS BUILDING WHICH IS GIFTED BY HER MOTHER IN 2014. HER MOTHER PURCHASED THIS PROPERTY WIDE REGD. SALE DEED IN THE YEAR 1981. THERE IS A TENANT ( MEDICAL SHOP) SINCE 2010 WHOSE RENT AGREEMENT EXPIRED IN 2013. MY BROTHER IN LAW MADE A FAKE RENT AGREEMENT JOINTLY WITH HIS AND FORGING HIS MOTHER'S SIGNATURE ALSO AND CREATED ONE YEAR AGREEMENT IN 2014 . TENANT REFUSES TO PAY THE RENT TO MY WIFE. WE FILED EVICTION SUIT IN 2016 AND AFTER 2018 HIGH COURT ORDERED TO PAY THE RENTS TO THE COURT IN ONE WRIT PETITION..
NOW
1)THERE IS NO INCREMENT IN ALL THESE YEARS 2014 TO 2023 CASE IS STILL GOING.
2) NO AGREEMENT WITH HIM. BUT THE CASE IS STILL GOING ON
MY BROTHER IN LAW FILED A CASE AGAINST MY WIFE AND HIS MOTHER CREATING AN UNREGISTERED WILL IN HIS FATHERS NAME FORGING MOTHERS SIGNATURE ALSO IN THE WILL DATED 14/8/2006.. IN WHICH MY FATHER IN LAW WROTE THAT AFTER HIS WIFE'S DEATH, THIS PROPERTY HAS TO GO TO HIS SON (ELDER)
KINDLY ADVISE HOW TO COME OUT FROM THIS.
Firstly Police complaint is to be lodged for creating such document which create a shadow on the rights of original owner and also file eviction suit.
Based on the complexity and other factors a civil suit runs year after year. You can make a prayer for early hearing and disposal of the case but it also depends on the circumstances and the discretion of the Court. When you are aware of a fake document made forging the signature of someone based on which a civil suit is filed in the Court, you can make a private complaint to the Court of the Magistrate under Sec.200 Cr. PC which outlines the procedure for a Magistrate to take cognizance of an offence. The section begins with the requirement that any person who desires the Magistrate to take cognizance of an offence must present a written complaint or information. A magistrate taking cognizance of an offence on a complaint shall examine upon oath the complainant and witnesses present if any and the substance of such examination shall be reduced into writing and shall be signed by the complainant and witnesses and also by the magistrate to initiate the onward proceedings into the complaint. Apart from this, a petition under Sec.482 of Cr. PC may be filed before the High Court praying for the quashing of proceedings of the trial court initiated based on a forged document. Reach out to an Advocate for guidance and steps.