WHETHER CRIMINAL OR CIVIL CASE
chetan
(Querist) 25 March 2011
This query is : Resolved
SIR,
WE HAVE A PROPERTY WHICH IS IN DISPUTE, THIS PROPERTY IS PURCHASE BY MY GRAND MOTHER FROM THE FUNDS OF MY GRAND FATHER,
AFTER THE DEATH OF MY GRAND MOTHER THE SAID PROPERTY IS TRANSFERRED TO MY LUNATIC UNCLE(1) (WHO IS LUNATIC BY BIRTH)
ACCORDING TO HER WILL(THE WILL IS ALSO CHALLENGED BY US)
THE DISTRICT COURT HAD APPOINTED MY ANOTHER UNCLE(2) AS A GUARDIAN OF LUNATIC UNCLE,
AND PASS THE ORDER NOT TO SELL THE PROPERTY WITHOUT THE PERMISSION OF THE COURT,
NOW THE CASE IS PENDING AND MY UNCLE(2) SOLD THE SAID PROPERTY WITHOUT PERMISSION OF THE COURT,
HE ALSO MADE A POWER OF ATTORNEY OF THE LUNATIC UNCLE(1) TO SELL THE PROPERTY,
AND WHILE MAKING THE SALE DEED HE TOOK LUNATIC TO MAKE AFFIDAVIT BEFORE THE REGISTRAR.
THE SAID PROPERTY IS IN OUR POSSESSION.
NOW WE HAVE MADE AN APPLICATION OF CONTEMPT OF COURT,
I WANT TO KNOW WHETHER THIS IS AN CRIMINAL OFFENSE OR JUST A CIVIL MATTER?
POLICE REFUSES TO SUBMIT CRIMINAL REPORT AS IT IS JUST AN CIVIL MATTER.
M.Sheik Mohammed Ali
(Expert) 25 March 2011
your already you put the case and succeed so the same court to inform your query's and make fresh application
Suhail suhail
(Expert) 25 March 2011
Agree with Mr.Sheik Mohammed Ali,with little elaboration here,Police cannot do anything in this matter as they are right the matter is civil,however if the property has been sold that is breach of stay order issued by court you can involve police action only through the court of law,under making the contempt petition,besides you said you are in possession so you should not worry about selling of property as the sale (in such circumstances) without possession is mere passing of title from one head to another which will be set at naught in due course of proceedings in the matter,but the same is to be bought in the notice of court and make the buyer a party to the suit too.
Regarding the sworn affidavit,you must bring the same to the notice of Magistrate by way of application/motion and if the same is proved then your uncle has offended the law and will bear fruits of his act.
Your lawyer must have taken steps already,though for general information i would suggest when ever there is any dispute of property the same must be published in the news papers,so that innocent persons who does not know about such things are saved.besides that provides better security to the subject matter against intervention of a third party.
Jitendar Kumar gupta
(Expert) 25 March 2011
yes your uncle has played criminal act and he can be punished for the affidavits and selling of the property by power of attorney. For more information call 9868529732 mail to me:guptajkin@gmail.com
R.Ramachandran
(Expert) 25 March 2011
Dear Mr. Chetan,
Every query is being discussed in this forum in an open manner. Therefore, whatever may be your query please address in this Forum for appropriate clarification / answer. Please remember, even if any wrong suggestion / opinion / answer is given, there are people to correct such wrong suggestion / view / answer.
Gulshan Tanwar
(Expert) 26 March 2011
Mr. Chetan,
File Contempt of Court both civil as well as Criminal-
The many other things like Drugs and Magics Act, Contract Act, IPC, TP Act etc... will come into action--
About police, file 156(3) and let the police say it before the Court, there is provision in CrPC for the same...
