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Former DyCM Mangat Ram Sharma's son "Mian" files fraud case against father
6/4/2015 12:14:40 AM
Akshay Azad
Early Times Report
Jammu, June 3: Raising a banner of revolt, former Deputy Chief Minister of Jammu and Kashmir Mangat Ram Sharma's son Rajnish Sharma (Mian), has filed a case of fraud against his father, elder brother and nephew, in the Court of Munsif Bani.
The bone of contention between father and son is a land measuring 4 Kanals 14 Marlas in tehsil Bani, which was allegedly in the name of Rajnish Sharma's mother Late Smt. Dayawanti.
According to the case filed, Mangat Ram Sharma allegedly had made a fake "Will deed" in his favour by using his influence and later gifted the same land to his grandson Nitin Sharma, son of Subash Chander R/o Bani, at present 42, B/D Gandhi Nagar Jammu.
In the case, Rajnish Sharma is plaintiff while Mangat Ram Sharma, Subash Chander and Nitin Sharma are defendants while Dr. Tilak Raj Sharma, Naresh Sharma, Sudesh Kumar Sharma, Rakesh Sharma are made as proforma respondents.
In the case, copy of which is with Early Times, Rajnish Sharma alias Mian, has alleged that being an influential person, Mangat Ram Sharma had managed to get mutation of land measuring 4 Kanals, 14 Marlas number 1264 dated 9/11/2009, attested in his favour on the basis of forged illegal and sham documents (will deed).
Mian, who had also contested last Assembly elections unsuccessfully from Bani on Congress party ticket, has alleged that his mother Late Dayawanti was the owner of said land measuring 4 Kanals 14 Marlas falling under Khewat no. 97/97, Khatta no. 157/146 and Khasra No. 329 situated in village Bani.
He further alleged, his father and all sons shall inherit all her estate, after her death as per Law of Succession.
"Mangat Ram Sharma is very influential and political person and has held various prestigious posts in the politics in Jammu and Kashmir and Centre and due to his influence has managed to get the Mutation no. 1264 dated, 9/11/2009 attested in his favour on the basis of forged illegal and sham documents, i.e. Will deed dated 23/4/2001 in possession of Mangat Ram Sharma, which is unregistered and has never been in the life time of deceased Dayawanti executed in favour of Mangat Ram Sharma", in the case Rajnish Sharma has alleged.
Mian further alleged that his mother, remained bed ridded due to paralysis since 1999 till 26/7/2003 (her date of death), and there was no occasion for her to execute the alleged 'Will deed' but the alleged Will was forged and has no existence.
"Moreover, Mangat Ram Sharma is well versed with the law and worked on various constitutional posts and an un-registered "Will Deed he alleged.
Rajnish Sharma has also alleged that he was in the impression that property left by his deceased mother would have been attested in favour of sons and father and he used to spend huge money in repair and maintenance and construction over some portion of land/house.
"It is only few days back when he came to know that on the basis of mutation on such forged Will Deed Mangat Ram Sharma had executed a Gift Deed with respect to 1 Kanal out of suit property in favour of Nitin Sharma (grandson) and further had executed a Will Deed dated 16/4/2013 in favour of Subash Sharma with respect to land measuring 3 Kanals and 12 Marlas including the residential house, which is altogether a conspiracy hatched by Mangat Ram Sharma and Nitin Sharma against Rajnish Sharma and his remaining brothers", the case filed by Rajnish Sharma further read.
He has further alleged that he had requested Mangat Ram Sharma to revoke the Gift Deed dated 18/6/2010 executed in favour of Nitin Sharma and Will Deed dated 16/4/2013 in favour of Subash Sharma otherwise he would file a suit against him for forging the Will Deed of their deceased mother.
"At this Mangat Ram Sharma asked Rajnish Sharma not to approach the Court as it will diminish their image in society and at the appropriate time, will resolved the dispute and provide Rajnish Sharma and other brothers due share", he alleged.
He has also alleged, "Mangat Ram Sharma is an old person of 82 years and has attracted split mental behavior and used to forget the things and taking benefit of the mental condition of Mangat Ram Sharma, Subash Sharma and Nitin Sharma or some any other person are bent upon to fetch deed of conveyance in their favour."
Rajnish Sharma had filed the suit on 12th of May, 2015 in the Court of Munsif Bani through his counsel and the Munisif Court observed, "the matter pertains to threat of alienation of suit property so the purpose of injuction shall be defeated by delay as such prior notice to the non applicant as envisaged U/O 39 Rule 3 CPC is hereby dispensed with".
The court has also observed, "Both the parties are directed to maintain status quo, with respect to suit property till the next date of hearing."
The next date of hearing in the case is on 10th of June 2015.
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