Legal Question in Criminal Law in India

illegally keeping share certificates and other documents

dear sir

my brother illegally kept my share certificates and other documents. due to him and his wife I leave my home with our mother and my family in 1995. I NEVER CHANGE MY COORESSPONDENCE ADDRESS TILLJUNE 2007. HE STOP GIVING ME MY DOCUMENTS FROM 2004. NOW HE IS SAYING THAT HALF OF THE VALUE OF SHARES IS HIS AND I HAVE TO PAY HIM TO GET THE SAME FROM HIM . ALL THE SHARES ARE IN MY NAME. SIR , EVERY ONE FROM MY FAMILY TRIED BUT HE HAS NO RESPECT FOR THE FAMILY. PLEASE ADVICE ME HOW ICAN GET BACK MY DOCUMENTS AND SHARE CERTIFICATE. IS THERE IS ANY LAW TO HELP ME?


Asked on 8/12/07, 8:03 am

5 Answers from Attorneys
mrugank patnaik msnp

Re: illegally keeping share certificates and other documents

First,

you apply before lokadalat for conciliation,as it is a family mater.

2nd,you may file criminal case u/s406 of i.p.c.

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Answered on 8/13/07, 10:39 am

Re: illegally keeping share certificates and other documents

since shares are in your name so you must have to approach the court by way of permanent Injunction against your brother.Also write the company from transfering the shares to any third person.

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Answered on 8/12/07, 9:06 am
Alok Sharma Alok Sharma & Associates

Re: illegally keeping share certificates and other documents

you can sure file a suit for mandatory injunction seeking a direction to him to handover the certificates to you. But are you sure you can prove that he is in possession of your share certificates. If you fail to prove his possession, he may destroy them. I feel you also dont have the details of the same. Plz let me know 1.if you can prove his possession, 2. You have details of the shares, then i shall be able to advise you properly. He can be prosecuted for breach of trust as well.

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Answered on 8/12/07, 9:29 am
G. M. Gupta gmguptaandassociates

Re: illegally keeping share certificates and other documents

make complaint to police and file case in this regard if required.

alternatively you can get the shares transfered in electronic form etc.

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Answered on 8/13/07, 1:49 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: illegally keeping share certificates and other documents

Find out procedure for issuance of duplicate share certificates. If you can get duplicate shares by lodging a complaint to police, explore that.

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Answered on 8/13/07, 1:29 am


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