• Section applicable under IPC criminal offence

I'm on the verge of process of selling my father's property (power of attorney is given to me by my father) & committe members play mischief in order to extort money from me & deal fells through with the buyer.
Can I go to police station & file non bailable FIR? Which section of IPC will be applicable to take legal action?
Asked 5 months ago in Criminal Law
Religion: Hindu

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21 Answers

Has the deal already been finalized?

Garima Anil Mehrotra
Advocate, Mumbai
462 Answers
1 Consultation

4.9 on 5.0

Its not clear why and how the MC is failing the deal.

If the property belongs to your father and POA is validly executed making the purchaser willing to buy the property there's no way committee of flat owners can stand in the way.

Lodging complaint with police will not help unless any crime is committed. 

For mere mischief no FIR can be registered. 

Devajyoti Barman
Advocate, Kolkata
21801 Answers
318 Consultations

5.0 on 5.0

In the event MC fails to issue NOC they must mention reasons for not issue of NOC 

 

2) you have to deposit transfer charges with the society 

 

3) no need to antagonise MC 

 

4) if no NOC is issued complain to registrar cooperative societies 

Ajay Sethi
Advocate, Mumbai
79752 Answers
4812 Consultations

5.0 on 5.0

Police are reluctant to intervene in disputes between society members 

 

obtain in writing from society why NOC is not being issued 

Ajay Sethi
Advocate, Mumbai
79752 Answers
4812 Consultations

5.0 on 5.0

If they seek illegal gratification, you can approach the police with complaint and if your version is proved, there can be FIR under Prevention of Corruption Act.

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

5.0 on 5.0

As per SC order on the basis of POA sale deed can't be valid unless n until seller is present for sale deed at the time of registration.

Ganesh Kadam
Advocate, Pune
11752 Answers
114 Consultations

4.9 on 5.0

Dear Sir,

You may file the complaint under the sections of the blackmailing/extortion etc. 

Ganesh Singh
Advocate, New Delhi
6542 Answers
13 Consultations

4.5 on 5.0

What is the offense committed by them.

Are they physically stopping the prospective buyer?

If so you can lodge a criminal complaint against the miscreants.

You give an appropriate complaint, the police will frame charges quoting proper provision of law.

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

You do not have to budge to the pressures of the committee to accept the conditions of the committee.

Of course you may exhaust that remedy also before taking your own course of action in this regard.

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

1. What mischief has been committed by them? Your query is totally ambiguous.

Ashish Davessar
Advocate, Jaipur
30013 Answers
867 Consultations

5.0 on 5.0

Hi

you can file a non cognizable complaint if the society is not willing to do the procedure despite you have complied all necessary legal requirement as per the  bye laws of the Hsg.society and have a valid POA.

write a letter to the society to put facts on record and insist for a written NOC and if not willing ask for written  reason of their denial.

if society office bearers fail to issue NOC without no specific reason you can complaint against them with the deputy registrar of Hsg. Societies

Thresiamma G. Mathew
Advocate, Mumbai
1619 Answers
158 Consultations

5.0 on 5.0

Try filing the complaint under 420,406IPC

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Power of Attorney (POA) must be registered and shall remain valid till Father is alive.  IF Father is not alive THEN POA will automatically lapse for legal default.

2. You are entitled to sell Father's property as a POA holder, without any reference to the Society.

3. IF Society Committee members are deliberately & malafiedly against the deal, THEN you can file a Police FIR, requesting investigation and charge-sheet, for offences like Extortion, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

4. 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
5487 Answers
25 Consultations

5.0 on 5.0

You have good case of extortion against  all of them under section 385,386 and 387  read with 34 ,120 (b) of I P C 1860 based on merits and facts of your case.

Please record their conversation and videos to support your case before Police while lodging your FIR of cognizable offenses. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Police will not entertain the FIR. You should file a complaint against them before the magistrate. File a complaint for criminal intimidation defrauding the persons and defamation.

Rahul Mishra
Advocate, Lucknow
11631 Answers
21 Consultations

5.0 on 5.0

Ok i understand. File a complaint but before this send a legal notice.

Rahul Mishra
Advocate, Lucknow
11631 Answers
21 Consultations

5.0 on 5.0

Mischeif is a bailable offence but you can file a complaint in the same. 

Prashant Nayak
Advocate, Mumbai
22643 Answers
49 Consultations

4.4 on 5.0

- Since, you having the POA for dealing the property on behalf of father , hence the act of committee members is against the law . 

- You should lodge a complaint against them for breach of trust and mischief i.e under section 406 and 425 of IPC . 

- Further , you can also complaint before the registrar of society as well. 

Mohammed Shahzad
Advocate, Delhi
5691 Answers
55 Consultations

5.0 on 5.0

you can file complaint u/s 342 , 347 of ipc. 

you can also file complaint before local Cooperative Registrar Office. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
14 Consultations

4.5 on 5.0

Yes you can lodge complaint against committee members if they are gaining wrongfully by extorting money from you.

Sections of IPC will depend on the complaint you give to police against the committee members. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have all legal rights to execute the same deed for the property being the legal heir of your father.
  2. I would like to apprise you that yes, you need to have a meeting first, but, also you need to take care of the fact that whatever they have words in meeting with you, you should save it.
  3. Then thereafter, if they happen to act illegal then proceed with the police complaint and registration of the FIR.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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