The father of a person purchased a land from someone in the year 1985 and died in the year 1990. Now the son of the deceased has made a fake death certificate claiming that his father was deceased in 1985. The person has evidence that he was alive in 1990.
Response
As per your query, since you have mentioned that you have proper documents and evidence with regards to the death of the concerned person, then you must immediately file a FIR with the police station for Fraud, Cheating and Forgery. Section 420 of the Indian Penal Code, 1860 deals with Fraud and Cheating and Section 463 and Section 464 deals with Forgery and for preparation of false documents. The punishment is imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Filing a writ may be rejected as the said document is issued by the Tehsildar and first you must file an official complaint regarding the same with the sub-divisional officer and you must file for cancellation of the said death certificate and in the above mentioned FIR, you must make the said Tehsildar also party to this case.
Only if the above remedies are exhausted is when you can file a writ petition before the High Court under Article 226 of the Indian Constitution. If you have registered evidence that the said person was not deceased in the year 1990, then you need not worry, however, it is advisable to hire a good advocate and show him all the evidences you possess for better clarity
Reference: Section 420 in The Indian Penal Code
Cheating and dishonestly inducing delivery of property.ÑWhoever cheats and thereby dishonestly induces the person de_ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 463 in The Indian Penal Code
Forgery.Ñ [Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury], to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
Section 464 in The Indian Penal Code
464 Making a false document. Ñ [A person is said to make a false document or false electronic recordÑ First ÑWho dishonestly or fradulentlyÑ
(a) makes, signs, seals or executes a document or part of a document;
(b) makes or transmits any electronic record or part of any electronic record;
(c) affixes any [electronic signature] on any electronic record;
(d) makes any mark denoting the execution of a document or the authenticity of the [electronic signature],
with the intention of causing it to be believed that such document or part of document, electronic record or [electronic signature] was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or Secondly ÑWho, without lawful authority, dishonestly or fraudu_lently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with [electronic signature] either by himself or by any other person, whether such person be living or dead at the time of such alteration; or Thirdly ÑWho dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his [electronic signature] on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration.]
202100250-20210043-11007
LAWAYZ-2023-696
