Fake 10th certificate made by my mother & my sister in order to take advantage

Tilak Marg Forum for Legal Questions Forums Criminal Law Fake 10th certificate made by my mother & my sister in order to take advantage

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    • #4631

      Dear Sir,

      Please note that my mother who is a widow and is about 65 years old. My elder sister who is active in politics, made a forged/ fake 10th certificate for my mother. Actually my sister was doing a job in ING Vyasa Insurance Company. Policy selling was in her profile. My mother is not 10th passed and she does not have any evidence regarding her date of birth. In order to get the undue advantages, my sister made the same certificate in her own handwriting and then applied for Permanent account number for my mother (which was mandatory for policy taking). My mother was also knowingly involved in this forgery.

      I am in litigation/legal fight with them as my mother framed me in false fraud case. Even in this criminal case my mother herself accepted in her statement/cross questioning, that she is 4th standard passed and then after seeing the fake certificate she accepted that it is true that this is my 10th certificate and my date of birth is written on it.

      Now I want you to suggest me that what should I do with such forgery of document made by them? My mother is very cunning to play sympathy card and a great drama queen. Even my mother sold her house in Rs. 9.00 Lacs (as per sales deed), claiming in FIR that it was sold in 22.00 Lacs? Even she appeared before Judge pretending a pauper/indigent lady in order to take free legal service and to save court fee etc. But when I proved that she is getting handsome pension and has other fixed & current assets in her name, then the Judge allowed her to filed recovery case by reducing the recovery amount (half money). In this case she had given the affidavit regarding her income of source less than Rs. 1,000/- before Judge. But not a petty action has been taken against her. The pressure of politics on government authorities is clearly seen. Even the theft of stamps and other taxes are chargeable on her and even in her statements she is accepting every thing.

      Should I send application to Income Tax or other related departments like police for this kind of forgery? Please give me detailed suggestion so that I can defend my case with merits as they are harassing me for the last 7 years. What type of legal action can be taken against them for forgery and false affidavit/statement and theft of stamps and other government revenue?

      Thanking you in advance sir.

    • #4652

      If you want to file a complaint with regard to forgery committed by someone, then you have to file the complaint with the police station concerned which can then register the FIR. If the police is not registering FIR or not taking any action on the basis of your complaint, you have the option to file a complaint before the Magistrate under Section 156(3) of the Criminal Procedure Code seeking direction to police to investigate the matter. Else, you can file a private complaint with the Magistrate under Section 190 of the Cr.P.C. wherein you have to prove the case instead of the police doing it.

      With regard to your other request, I may point out that, as mentioned in our Forum guidelines, on this Forum we do not go into detailed facts of an individual case (which requires study of detailed facts / documents of a case). For this, you may engage some local lawyer and show him all your relevant papers.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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