Legal Question in Criminal Law in India

I am a real estate company employee (NRI) living and working in the Middle East country.

My brother in Pune was managing my father's house and one commercial office in Gandhinagar (Gujarat) after my father's death 13 years ago. 

Recently I found out that my brother tried to transfer the Pune house and commercial office in Gandhinagar in his name with a forged signature in GPA and without informing me.

I came to know that my brother created a GPA to transfer property and forged my signature and my mother's signature in the GPA to transfer the house and Gandhinagar office in his sole name. 

My brother also drafted a notarized Affidavit in my name with text in the affidavit that - I am taking 100% responsibility for all consequences for the signature difference in the GPA.

My brother's 3 attempts to transfer the house and commercial property were unsuccessful in the last 13 years due to one of the documents missing in filing the property transfer via GPA. So Pune house and commercial office are still in my brother, I and Mother's name as my father didt write the will.

All efforts to discuss these wrong activities with my brother failed. Finally agreed to 3 failed attempts to transfer the father's property without informing me and the mother and without taking our consent and signature. My brother is not ready for compromise and may make more attempts to transfer father's property in his name without informing me. 

I need advice on what legal options I have in this situation:

1. Can I report this incident to the Indian police /FIR and file a case for my signature forgery in GPA to transfer my father's property in my brother's name?

2. Is it possible to file for online FIR/complaint for signature forgery from the Middle East or I will have to visit the Pune police station / Pune lawyer to file a case against my brother?

3. Will I need to file two different complaints - One in Pune for Father's house and the second complaint in Gandhinagar-Gujarat for the commercial office? 

4. In a normal situation how many weeks/months police will take to complete the investigation?

5. Do I need to hire two different lawyers in Pune and Gandhinagar to file a case in the local court?

6. Is this a case of a) cheating and signature forgery b) is this a case of a dispute of the father's property due to missing will papers of the father or c) Is this a civil case or criminal case of property case?

7. What punishment is possible if the case is proven for signature forgery?

7. Can a lawyer help in advising me and executing the next steps of action? 

Please advise next steps of action I can take in this situation and how to proceed with the next steps while I am working in the Middle east.

Thank you very much


Asked on 2/23/24, 6:57 pm

1 Answer from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Sir, Apply Letters Of Administration through by mother, & yourself setting Petitioners, also make your brother's Respondent at your Letters Of Administration, & ask your lawyer to file the same in the respective jurisdiction where property situate, or your's father death occured, & death certificate availed place.

Read more
Answered on 3/23/24, 12:58 pm


Related Questions & Answers

More Criminal Law questions and answers in India