Has the deal already been finalized?
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?
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Has the deal already been finalized?
yeah ! I'm on the verge of arranging a meeting with the commitee for introduction.
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.
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
Police are reluctant to intervene in disputes between society members
obtain in writing from society why NOC is not being issued
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.
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.
You may file the complaint under the sections of the blackmailing/extortion etc.
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.
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.
1. What mischief has been committed by them? Your query is totally ambiguous.
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
Try filing the complaint under 420,406IPC
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.
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.
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.
Ok i understand. File a complaint but before this send a legal notice.
Mischeif is a bailable offence but you can file a complaint in the same.
- 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.
you can file complaint u/s 342 , 347 of ipc.
you can also file complaint before local Cooperative Registrar Office.
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.