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Majeed   21 December 2021

Elder brother has fraudulently transferred a mutton shop license in his name.

My mother passed away this year; she was the owner and license holder of the mutton shop.
We are a family of six, with five brothers and one sister.
My older brother has collected everyone's signatures on the paper to transfer the mutton shop license to his name.
I am the youngest member of the family; I worked in the Gulf Country, and my elder brother used a duplicate sign to obtain a shop license transfer in his name.
My other brothers and sisters are uneducated and have no idea what has occurred.
 
Without our knowledge, my elder brother is making all of the mutton shop's decisions on his own.


Learning

 4 Replies

Sudhir Kumar, Advocate (Advocate)     21 December 2021

thana                        

Shashi Dhara   21 December 2021

You have to see what all of  you have signedd ,if it only transfer to his name and yours consent for that purpose then o.k.all of you have equal right, issue legal notice all of u have joint ownership

Aryan Raj   21 December 2021

In response to your query, 

You can file a formal complaint against your brother under Section 463 of IPC.

According to Section 463 of IPC, A person is declared to make a false document when he/she-

1. Dishonestly or fraudulently, signs, seals, or performs a document or part of a document, or makes any mark indicating the execution of a document, with the intent of making it appear that such document or part of a document was signed sealed or executed by the authority of a person to whom authority was not granted, signed at a time when he knows it was not signed sealed or executed.

2. Without legal authorization, dishonestly or fraudulently alters a document in any material part after it has been made by him or by another person, whether such person is living or deceased at the time of such alteration.

3. Deceitfully or fraudulently causes any person to seal, sign, execute, or rebuild a document, knowing that such person cannot know the substance of the document or the nature of the change because of insanity or intoxication, or because of deception practised on him.

From the above mentioned facts you brother can easily fall under the category of someone who has made a false document. 

Regards,

Aryan Raj 

 

Sudhir Kumar, Advocate (Advocate)     31 December 2021

So you have to give application to the SHO.


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