Inheritance disputed property claim cannot be decided in Criminal Proceeding

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“We fail to understand as to how a dispute with regard to the inheritance under a will and deed of confirmation can be decided in a criminal proceeding.

” The Supreme Court observed that a disputed property claim based on inheritance can be only in an appropriate civil proceeding and not in a criminal proceeding.

 The bench of Justice Navin Sinha and Justice BR Gavai quashed a complaint, which it noted is only a civil dispute with regard to inheritance amongst the legal heirs.

The bench said:

We are of the considered view, that the issues raised reflect a civil dispute with regard to inheritance amongst the legal heirs. We fail to understand as to how a dispute with regard to the inheritance under a will and deed of confirmation can be decided in a criminal proceeding. We find, that the same can be done only in an appropriate civil proceeding. Not only that, the civil proceedings with that regard are already instituted by various parties including the complainant.

The court further observed that the documents alleged to be fraudulent in the complaint will fall for consideration in the suits and that a possibility of contradictory finding in civil proceeding as against criminal proceedings cannot be ruled out. Observing thus, the bench allowed the appeal and quashed the complaint.

Source: Livelaw.com