File police complaint against your brother for cheating under section 420 of IPC
file suit to set aside sale of road rollers and other contract equipment by brother
Movable property
My father was a Class I contractor and he had huge number of all type of contract equipment - both road and concrete works. After the demise of my father, my younger brother (who is a doctor) has sold all the movables without my and my mother's signature. I have record of 2 Road-Rollers (delivery note contains chassis number) and other proof. My younger brother has given false statement in the court that my mother has sold Road Roller and all. I know that my younger brother had the Road Rollers with him. Can my mother and I give police complaint? What type of action can we take?
Asked 5 years ago in Property Law
Religion: Hindu
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9 Answers
Yes. This is a criminal breach of trust. Therefore both your mother and you can lodge complaint on that regard.
If police doesn't register FIR tyen do do through court u/s 156(3) croc.
If then also police sits idle file writ petition in high court.
You can lodge FIR and suit as well. You can claim your right for the sold property. Previous case if any related to the same will reopen and will be distribute equally in all of or all will go to your mother only. You need to file an affidavit that you and your mother has not consented for the sale of the movable property.
Dear Sir/Madam,
It is suggested that you may file the police complaint as well as file the application under section 340 Cr PC for giving false statement in the Court. This application will be filed in the same court where the false statement has been given by the brother.
yes, you and your mother can lodge an FIR against all actions done by your brother in abeyance of you and your mother and charge him for cheating, embezzlement of cash and forgery, charges punishable u/s. 406, 420,467,468, 471 of IPC
You need to file a suit to recover your share along with your mother's and in the same. You can also file a criminal complaint of cheating against him
- As per law, after the death of your father , his all properties /assets would be devolved upon his legal heirs.
- Hence the said selling by your brother without the consent of you & mother is against the law, and a complaint can be filed , and also you can claim your share as well.
- Your mother can file a complaint before the police and also to the court.
Your younger brother also has a share in the movables left behind by your deceased father.
However he cannot sell the property without the consent or permission of the other shareholders, if he had done this then you may lodge a criminal complaint with the police for the crime committed by him.
You have not mentioned whether your father left a will or not?If he died intestate on his death your mother and all children have equal share in said property.You can file criminal complaint u/s 420 of ipc against him and also you can file recovery of money suit against him.
