Legal Question in Criminal Law in India

This is regarding the property case. The property was in name of my grand father. As per his final 'will', I am the owner of all his property. Now my father had sold the property without informing me and lost all his money. Since the property was joint possession, I have not given possession of this property although the buyer is asking for same. The situation is he has filed suit in executive magistrate court under CrPC 145/146 and also an FIR under 451 stating that we have taken possesion forcefully from him. I got bail for IPC 451.

Kindly suggest what further steps he can do?

I have already filed civil suit against my father and got the 'status quo' on basis of Will. The will is not probated but it is not yet challenged by my father. The date of filing suit against my father is 15 days before of the suit filed under Crpc 145/146. What can happen in this regards. The oppenent has the Sale agreement with signature of my father on basis of which he is filing police compliants and FIR at different places. There are no signature or name in sale agreement eventhough in all oppenents complain he has mentioned that I was there at the time of deal.

please advice


Asked on 4/08/11, 5:21 am

1 Answer from Attorneys
Sunil Goel S.G. SOLICITORS

The buyer can file a case of cheating agaisnt your father as your father must have stated in the agreeent to sell that he has the right to dispose off the said property.

Section 145/146 proceeding pending before Executive Magistrate can be disposed off by informing him the factum of filing civil suit by you and passing of status quo order by the court. The likelihhod of breach of peace is the essential requirement of Section 145/146 proceeding. Since the civil court has entertained the dispute, there is no likelihood of breach of peace and this said proceedings should close. If he does not close, file a writ petition agaisnt the SDM before the High Court. Also give a notice to buyer telling about Will in your favour. also file a suit for probating the will. If property is in Delhi, no probate is required.

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Answered on 4/11/11, 12:42 am


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