• Rental sharing dispute & partition - filing police complaint for the case in court

My father and their 4 younger brothers are co-owners of commercial property which has multiple shops let out for rent. My father being the eldest in family is also managing the administration of the commercial property for the last 20 years since it was built. The rentals are collected by my father and after all maintenance my father distributes the rental share (fixed amount) among all co-owners including my dad equally twice in a year through cheque. Rental distributions have been increased every few years whenever there substantial increase in rents effected on tenants. My uncles (4 brothers) also collect rental account statements from auditor submitted by my dad. There are also other joint properties(vacant plots)between my dad and his brothers . Over last few years my uncles are insisting to sell only this commercial property for which my dad is not interested. My father proposed that he can take over the commercial property and in return, he will withdraw his share from other joint properties and also settle the difference amount in valuation for which my uncles did not agree. In December 2020, My uncles filed civil case against my dad for partitioning only this commercial property, along with partition they have also complained that my dad is distributing lesser rental amount to them compared to the rental collection. Since this court case is moving very slowly and also my uncles are in urgent need of money , my uncle’s advocate approached my dad’s advocate last month for out of court settlement for which negotiation was going on. While this going on and court case also going on , now my uncles along with their advocate has also filed police complaint with Assistant commissioner of police stating that rentals are given to them lower than collected amount. ACP called my dad to report in person for enquiry , since my dad is 75, I reported on behalf of my dad and explained to police that there is already a case outstanding for partition and rental difference concern and its a civil case. Police threatened me saying that it’s a criminal case that my dad is cheating and not paying correct rental amount to my uncles. Police is asking my dad to submit all auditor statements (rental and expenses) and said that he will personally go and do enquiry and validate with all tenants and if there is difference , he can arrest my dad. I suspect that the police and my uncles intention is to find fault in accounts and put pressure on us so that my dad will agree to sell the property. Kindly advise me onfollowing 
1. Can we tell police that since the rental difference is also covered in the case filed by uncles for partition, we will submit in court if asked and not give any documents to police ?
2. What are powers of police when there is already a court case with the same complaint 
3. How do we find recourse from my uncles pressure tactics as they keep approaching through various channels even though there is case initiated by them
Asked 7 days ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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7 Answers

1. You can avoid giving documents to police only if same are not in your possession and documents with you are not related to the case. 

2. Generally police cnly inquire about criminal case and not civil

3. You can avoid it if the same is before the court

Prashant Nayak
Advocate, Mumbai
26719 Answers
80 Consultations

4.4 on 5.0

You should cooperate with police investigations 

 

2) submit documents sought by police 

 

3) also take the plea that it is civil dispute and civil case pending in court 

 

4) that audited accounts have been furnished to uncles 

 

5) if any cheating case is filed apply for and obtain anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
87215 Answers
6050 Consultations

5.0 on 5.0

  1. This is purely civil dispute, suit is pending in Court. Police does not have any power to summon father to police station. Police is exceeding it power.
  2. When a civil dispute is pending, police cannot interfere in the dispute on the pretext of  criminal offence .
  3. You need to fight there every initiative, let them realise that you are prepared for showdown on every front they choose. Only this will deter them.

Advice:

  1. Regarding police complaint—file a writ in High Court of Madras against police seeking not to harass a senior citizen. A direction will be issued to police not the to trouble father in any manner.
  2. Regarding partition suit—in a partition suit all properties have to included by the plaintiff, any partition suit in which some parties are left out is liable to be dismissed  at the threshold.
  3. When any share holder of ancestral property intends to sell his share, he has to first offer his share to other share holder. This right is known as “right to pre-emption” or “right to first offer” under Transfer of Property Act, 1882. If the uncles intend to sell their right if commercial property, they have to first offer it to father at market value offered by outsider. Father can also file a suit for pre-emption of commercial property.

Ravi Shinde
Advocate, Hyderabad
2315 Answers
37 Consultations

5.0 on 5.0

Is FIR registered? If not approach the High Court for legal remedy. Drag this till first week of june as the court is on vacation. 

G.RAJAGANAPATHY

High Court of Madras

 

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. Police having no right to interfere in such cases, and hence you can file a compliant against the said police official before the higher police official and also before the magistrate. 

2. Police having not right to entertain such cases which is not a criminal nature offence, and further having no power to interfere in the court proceedings. 

- Further , if there is auditor report with the suggestion that there is cheating in the name of rental income ,then he may suggest for initiation of a criminal offence of cheating etc. 

- Hence, if there is no such type of compliant , then the police having no jurisdiction to entertain . 

3. You can move an application in the said civil case against the police. 

Mohammed Shahzad
Advocate, Delhi
9478 Answers
107 Consultations

5.0 on 5.0

1. You arrange to issue a legal notice to the concerned police stating that since this is a civil matter and as there is a civil litigation in this regard is pending before court,  the police cannot interfere in this matter and any such act by police would be prejudice to the pending case besides ultra fires and instruct the police to refrain themselves from indulging in such illegal activities against you or to face consequences through court. 

2. See the above answer. 

3. You can file a suit for injunction against them. 

T Kalaiselvan
Advocate, Vellore
77368 Answers
1460 Consultations

5.0 on 5.0

-    Filing Criminal case is usual pressure tactic. You have to put your foot down.

 

-    I don’t think police still filed FIR. It will be complaint only. Ask them to lodge FIR to investigate.

Mostly police will not file FIR since civil suit is there. Submit your reply stating case details.

Submit Auditor reports, no need to worry since auditor reports are there.

If FIR then Immediately apply anticipatory Bail.

 

-    Is all properties are included in partition suit. If not then you can ask for dismissal of suit.

 

-    They not gave you offer to buy their share. Because as per law, they have to make offer to your father to buy their share as per market rate. After your father refusal only they can ask to sell it to third party.

Ankur Goel
Advocate, Bangalore
430 Answers

4.9 on 5.0

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