Property dispute can’t be turned into criminal case: Bombay HC Nagpur: The Nagpur bench of the Bombay High Court ruled that a family property dispute cannot be treated as a criminal case in the absence of evidence of fraud or dishonest intent, quashing ongoing criminal proceedings against a doctor couple from Yavatmal. Justice Pravin Patil dismissed the case pending before a judicial magistrate, stating it stemmed from a civil disagreement among family members rather than a criminal act. A police complaint was filed by the husband’s brother on September 28, 2022, accusing the couple’s mother and other siblings of preparing a false affidavit and fabricating documents to exclude his name from the list of legal heirs of their father. The complaint alleged that the family members had mutated their names in property records, which led to the filing of charges under sections of the Indian Penal Code (IPC) related to cheating, forgery, and dishonest concealment of property. The court examined the case and noted that the complainant’s father died on January 1, 2014, and that the complainant himself admitted receiving a plot and ₹50,000 from his father before living separately. An application for a legal heir certificate was filed by another brother on July 13, 2020, and the certificate was issued in the names of several family members. Justice Patil observed that the allegations against the petitioners were minimal. The husband’s role was limited to signing an affidavit prepared by his brother, and there were no direct accusations against his wife. The court also noted that the complainant’s name was later added to the property records, and the petitioners had expressed willingness to include him as a legal heir after learning about the dispute.#bombay_high_court #nagpur_bench #doctor_couple #yavatmal #legal_heir_certificate
