My father had purchased a plot measuring 72 decimals in my name and 20 dec. in my younger brother’s name about 30 years back when we were minors. The separate sale deeds of 72 dec. and 20 dec. had been executed about 30 years back. The RoR (Patta) was taken in joint name about 20 years back. Now we are majors. My younger brother, without my knowledge or consent, sold half of this entire (72+20=92) plot measuring 46 dec. (whereas he was entitled to sell maximum of 20 dec. that was registered in his name in the sale deed 30 years back) to 3 parties when I was away serving at Guwahati. Another party to whom he had promised to sell but did not sell him informed me telephonically about the sale, because of which I came to know about this sale going on. I came from Guwahati to Balasore, Odisha, and filed a partition suit against my brother and made these 3 illegal purchasers as parties to the case. After that, those 3 purchasers cancelled their sale deeds and took back their money from my younger brother amounting to approx 30 lacs. Now the partition suit is going on in civil court. I want to file a criminal case against my brother for the aforementioned case. Can I do so? I have the following questions: Can I institute any criminal case against him? If so, what are the charges that I can frame against him? What sections he will be subject to? What would be the implications of this case on him?
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Sir you can file a criminal case against your brother for cheating, fraud and breach of trust, further if he has forged some documents for showing his share that can be included too.
Under section 406, 420 for breach and forgery under 463.
He can be arrested and can be punished for the act under given facts and circumstances.
1) under no circumstances should you file criminal case against your brother
2) if he is convicted for offence of cheating he would be sentenced to imprisonment
3) the plots were purchased in your names when you were minor and had no source of income
4) it was bought for benefit of joint family
5) your brother can claim equal share in property bought in your name as it was bought for benefit of joint family and you had no source of income
6) similarly you would have equal share in property bought in his name
hello,
a criminal case can be instituted against him u/s 406, 420, and other attendant sections.
you want to file a criminal case against him but try to talk to him first if he is ready to partition the property without the court hassles. if he is ready well and good. if he is not, then file a criminal case. it can be used as a bargaining point. other than that, if the charges are proved, then he would be penalised for it.
regards
Firslty, there is no boundation on the law that you can’t file a criminal case if by civil case is pending in any court.
Secondly, yes you can file criminal case against him under section of cheating, forgery if he has forged any false document for the same transaction.
Thirdly, he may be prosecuted for the same, and may be convicted also as these are crimes against state not an individual like.
Thank you guys for the guidance. I have already tried amicably setting the issue out of court and I was more than willing to part some of my share by going for 50-50 settlement. he kept me hanging in the lurch for a long time and on the day of settlement decision, he did not turn up. later on upon contacting, he sent a word from a third person that he does not want any settlement, instead he wants the entire property because according to him, as I am staying away from that town and working in a good government job in Nagpur, I don't need the property and should let go of it for him and his wife and son to enjoy. That was a major setback and hence, I am contemplating this case. My queries regarding the criminal case are as follows: 1. Since I am working in a senior managerial position in a central bank, will it be too much of a trouble for me in terms of being present for every hearing in person at the court, or a lawyer appointed by me can do it until the main hearing? As I am posted in nagpur and the property relating to which he committed crime is in Odisha, will I have to travel too often to follow up the case? 2. Where should I file the case of fraud? In Odisha or Nagpur? Is their any scope of filing it in Nagpur? Or at least getting it transferred to Nagpur after initial filing in Odisha on some grounds, as my brother is unemployed and totally jobless for the past 20 years but I have to work at my posted place? I need some clarity on this, so that i can decide the future course of action.
1) your presence would be necessary in criminal court . you can make application for exemption from personal appearance
2)fraud has been committed in Orissa . case cannot be filed in nagpur
You should have lodged a criminal complaint with police well before instituting the civil suit.
Now your remedy is before civil court only and no relief through criminal law.
You will be wasting time, money and energy by trying to lodge criminal complaint because for the lapses you have already approached civil court for relief and remedy.
Therefore you concentrate in the civil case which will be more useful.
You can file a complaint the police against brother for criminal breach of trust and cheating under Section 406/ 420 IPC.
But filing police complaint against your brother at this stage is not going to get you any results as it is a completely civil matter.
For this to be a criminal matter you'll have to prove that your brother committed some kind of illegal activity such as counterfeiting forged document in order to effect search sale, other than that, it's purely a civil matter as the sale have also been set aside.
1. Since I am working in a senior managerial position in a central bank, will it be too much of a trouble for me in terms of being present for every hearing in person at the court, or a lawyer appointed by me can do it until the main hearing? As I am posted in nagpur and the property relating to which he committed crime is in Odisha, will I have to travel too often to follow up the case?
A. You'll only appear on important dates and exemption application can be filed on the rest by your advocate.
2. Where should I file the case of fraud? In Odisha or Nagpur? Is their any scope of filing it in Nagpur? Or at least getting it transferred to Nagpur after initial filing in Odisha on some grounds, as my brother is unemployed and totally jobless for the past 20 years but I have to work at my posted place? I need some clarity on this, so that i can decide the future course of action.
A. The place having jurisdiction would be Odisha but you can file a zero FIR which is a FIR that can be filed in any police station regardless of the place of incidence or jurisdiction. The same is later transferred to the Police Station having competent jurisdiction after investigation and filing with a magistrate.
1. Since I am working in a senior managerial position in a central bank, will it be too much of a trouble for me in terms of being present for every hearing in person at the court, or a lawyer appointed by me can do it until the main hearing? As I am posted in nagpur and the property relating to which he committed crime is in Odisha, will I have to travel too often to follow up the case?
A. You'll only appear on important dates and exemption application can be filed on the rest by your advocate.
2. Where should I file the case of fraud? In Odisha or Nagpur? Is their any scope of filing it in Nagpur? Or at least getting it transferred to Nagpur after initial filing in Odisha on some grounds, as my brother is unemployed and totally jobless for the past 20 years but I have to work at my posted place? I need some clarity on this, so that i can decide the future course of action.
A. The place having jurisdiction would be Odisha but you can file a zero FIR in Nagpur which is a FIR that can be filed in any police station regardless of the place of incidence or jurisdiction. The same is later transferred to the Police Station having competent jurisdiction after investigation and filing with a magistrate.
Yes you can file a cheating case against him.if he has fine forgery then both the sections 420 and all other forgery sections starting from 465 IPC will be applicable depending on nature of forgery
