Breach of trust

Dear Client,
your brother has allegedly cheated you by using forged khata and other property documents and by misrepresentation got the property transferred in his name. Further, he gave an undertaking before the police stating that he has not done any forgery and is aware of the ancestral nature of the property, which later appears to be false. This clearly amounts to breach of trust and dishonest conduct.

Merely because the police registered an NCR and took an undertaking does not prevent you from taking further legal action. The false undertaking can be used as evidence to show his intention to cheat and mislead.

You can approach the Magistrate under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking direction for registration of FIR and proper investigation. You can also file a complaint case before the Magistrate along with all documents, including the forged khata, property papers, and copy of the undertaking.

In addition, you may initiate civil proceedings for cancellation of the property transfer obtained through forged documents.

Thus, even after giving the undertaking, your brother can be prosecuted under the Bharatiya Nyaya Sanhita, 2023 for cheating, forgery, and breach of trust, and the false undertaking will support your case.

Dear Client,

In your case, your brother has not only allegedly forged documents to transfer ancestral property but has also given a false undertaking to the police, which strengthens the criminality of his conduct.

You can now pursue action under the BNS offences like cheating , forgery , using forged documents , and criminal breach of trust , and the false undertaking can be used as evidence of dishonest intention and concealment, though giving a false statement to police is generally not “perjury” but still supports the case of cheating and fraud.

Since only an NCR was registered, you should file a written complaint seeking FIR registration and if the police still refuse, approach the Magistrate to direct police investigation, or file a private complaint and also consider filing a civil suit for cancellation of the fraudulent property transfer and injunction, as the undertaking plus prior transfer clearly shows pre-planned fraud and misrepresentation which courts take seriously.

Dear Client,

From the facts stated, your brother has allegedly committed forgery and cheating by transferring property using false documents and also giving a false undertaking to police. An NCR is not sufficient for such serious offences and the police ought to register an FIR.

You should submit a detailed written complaint to the Superintendent of Police seeking registration of FIR for offences like forgery and cheating, enclosing proof of the transfer and the earlier undertaking. If no action is taken, you can file an application before the Magistrate under section 156(3) CrPC for direction to register FIR and investigate. You may also challenge the fraudulent property transfer separately before a civil court.

An advocate can assist in initiating criminal proceedings and civil action to cancel the transfer and hold him accountable. Please consult a local advocate for proper legal steps.