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
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
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
Advice:
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
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.
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.
- 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.
Thanks for your responses. We were able to manage the police complaint by giving all the necessary audited statements and also gave references of pending partition suit civil case. Now, my uncles have come forth for negotiations and asking for out of court settlement as the court case is taking time to resolve. While we are talking about negotiations, 2 out of 4 uncles are threatening that if we don't comply to their terms- they will give power of attorney of their share to local gundas- and the gundas will then cause trouble to my dad by intervening in the property management , rent collection etc. The original document of property is with my dad and we are of the opinion that without original document , my uncles will not be able to give any power of attorney 1. What is the possibility for my uncles (2 out of 4 ) to give power of attorney to others without original document 2. Can the power of attorney document be unregistered and still hold valid? or does it need to mandatorily registered 3. Is there a way for us to legally stop them from doing any encumbrance on the property like power of attorney etc. as the partition suit case (which they initiated) is still pending in court (or) is there any precaution that we need to take ? 3. if at all they have given power of attorney already to someone using influence in registrar office - how to handle it? My Jurisdiction is TamilNadu Many thanks
Uncles can execute un registered POA in favour of third party
2) however for sale of property POA has to be stamped and registered and should be in favour of family member only
3) you can in partition suit take out application restraining uncles from selling the property or creating any third party rights pending hearing and final disposal of suit
1. The original documents are not necessary for giving power of attorney.
2. The power holders, on any case cannot alienate the property, you can obtain stay order in case they try to interfere in rent collections, hence don't be under any pressure.
3. If at all there's any power holder disturbing you then you may challenge it legally.
1. Yes it's valid but need to be proved in court if any challenge occurs
2. Yes through injunction order
3. Get the sane cancelled from court or seek injunction in said matter and serve order to registrar office