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My maternal uncle died leaving a shop which is under lease i have his trade licence legal heir of panchayet, and an affitavit of first class magistrate proving that my mother is the only heir....but some antisocial want to make a club on that poperty and they stole the lease agrement of that shop.....now what shall i do...
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

file police complaint of theft 

 

2) apply for and obtain certified copy of lease deed from sub registrar office 

 

3) in case of any encroachment file police complaint of criminal trespass against anti social elements under section 441 of IPC 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99960 Answers
8158 Consultations

If uncle was unmarried, sister is class II and will inherit his properties.

File FIR of theft agasint them. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like theft, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If the lease agreement is by a registered document then you can gt the certified copy for the registrar's office.

If not, then you may have to lodge a complaint with the police an also give a public notice in a newspaper about the loss and warn the public to not to misuse the same.

Besides, she may have to proceed with the fresh leas agreement based on the legal heirship certificate with the landlord.

 

 

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

File a complaint of theft against those person.

Publish a newspaper advertisement  stating that the lease agreement of the said property has been stolen and no person other than your mother is authorised to enter into any transaction with respect to the said property. 

You can also obtain the certified copy of the lease agreement if it was registered at Sub Registrar office.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

- Since, your mother has got an affidavit of first class magistrate , and further having trade licence legal heir from the panchayat , hence no body can make a club against the consent of your mother legally. 

- Further, for the theft of the lease agreement , your mother should firstly lodge a complaint before the police and higher official , and further publish a public notice in the newspaper of your area after mentioning that lease agreement has been lost/theft by some people for misusing the same of the shop bearing No...... , and due to that in case anybody tried to misuse the same, then he/she will be liable to punishment legally . 

- Further, if the said lease deed a registered one, then you can get certified copy from the office of registrar. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

1. You should lodge FIR against the suspect for theft of lease documents. 

2. And if the lease agreement is registered then you should apply for true copy of agreement 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

Get issue a legal notice through expert lawyer and also file injunction suit restraining them in Civil Court.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. Lodge a police complaint of the said stealing of the lease agreement and trying to usurp the said shop.

 

2. from whom he had taken the shop on lease?

 

3. Try to obtain copy of the said lease agreement from the lessor.

 

4. If police refuses to take any action, file a Writ Petition against police inaction praying for a direction upon the police to register FIR, investigate and act as per law based on your said complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

You can file theft complaint before jurisdictional police. 

if any illegal encrochers trying to enter you may lodge  criminal trespass complaint against them

 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

You can approach court for the same

Prashant Nayak
Advocate, Mumbai
34646 Answers
249 Consultations

Immediately file a suit for permanent injunction to  restrain them from disturbing your peaceful possession of the property.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

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