Ipc 420 and406 on innocent
ulaganathan
(Querist) 04 September 2017
This query is : Open
MYSELF AMUTHA ONE OF THE 5 CHILDRENS TO MY PARENTS .I HAVE A SISTER AND THREE BROTHERS(B1,B2,B3)MY MOTHER PASSED AWAY IN THE YEAR 2015 DUE TO CANCER.SHE HAS A HOME IN HER NAME (SHE IS THE OWNER OF BOTH LAND AND HOUSE ) THE PROPERTY HAS BEEN LOCATED IN POONAMALLEE CHENNAI.AFTER HER DEATH WE GOT THE LEGALHEIR FOR HER .THE NAMES IN THE LEGALHEEIR INCLUDES MY FATHER MY SISTER MYSELF AND MY THREE BROTHERS B1 B2 B3.WE 6 NOW THE OWNER OF OUR MOTHERS PROPERTY AS PER THE LEGAL HEIR WE DECIDED TO SELL THAT PROPERTY.SO WE GOT A BUYER AND WE ALSO(ALL 6) SIGNED IN THE AGREEMENT OF THREE MONTH DURATION AND GOT AN ADVANCE AMOUNT OF 20%.THE AGREEMENT HAS NOT BEEN REGISTERED BY THE BUYING PARTY.
DURING AGREEMENT PERIOD THE BUYER HAS CALLED FOR THE REGISTRATION OF THE PROPERTY .MYSELF MY SISTER MY FATHER AND MY ELDER BROTHER B1 ARE READY FOR THE REGISTRATION AND WE SAID THE SAME TO THE BUYER.BUT THE OTHER TWO BROTHERS B2&B3 IS NOT WILLING TO SELL THE PROPERTY NOW AND THEY ARE NOT COMING FOR THE REGISTRATION .THE BUYER LODGED A COMPLAINT ON ALL 6 OF US IN THE POONAMALLEE POLICE STATION CHENNAI.THE INSPECTOR OF POLICE STATION HAS CALLED FOR AN ENQUIRY .SO WE HEADED TO THE POLICE STATION .MY FATHER COULD NOT COME TO STATION BECAUSE HE IS AGED 85 AND ALSO HE GOT PARALISED ATTACK AND HE IS IN BED REST FOR LAST 2 YRS .SO MYSELF MY SISTER AND MY ELDER BROTHE B1 HAS REACHED THE POLICE STATION AND LIKEWISE MY OTHER TWO BROTHERS B2 &B3 HAS ALSO CAME FOR THE ENQUIRY.THE INSPECTOR ENQUIRED US AND WE SAID THAT WE FOUR (MYSELF MY SISTER MY B1 AND ALSO MY FATHER ) ARE READY TO SIGN IN THE REGISTRATION ON NEXT DAY ITSELF .BUT MY OTHER TWO BROTHERS SAID THAT THEY WILL RETURN THE ADVANCE AMOUNT TO THE BUYER AND WE ARE NOT INTERESTED IN SELLING/REGISTERING THE PROPERTY.THE PROPERTY HOUSE WHICH WE ARE SELLING IS BEEN OCCUPIED BY BOTH MYBROTHERS B2 &B3.
MEAN WHILE MY FATHER HAS A LAND/PLOT IN HIS NAME WHICH HE HAS WRITTEN AS A SETTLEMENT DEED FOR ALL OF US (TWO DAUGHTERS AND THE BROTHERS ).NOW THE BROTHERS B2 &B3 IS SAYING THAT THE GIRLS SHOULD NOT BE GIVEN SHARE IN THE LAND/PLOT THEY SHOULD RETURN THEIR SHARES TO THEM (B2&B3).ONLY THEN THEY WILL SIGN IN THE REGISTRATION OF THE AGREEMENTED PROPERTY (THE PROPERTY OF MY MOTHER WHICH WE GOT LEGAL HEIR)OR ELSE THEY WONT SIGN IN THE REGISTRATION AND THEY ARE READY TO PAY THEIR ADVANCE TO THE BUYER.
THE INSPECTOR HAS AGAIN CALLED FOR AN ENQUIRY AND SAID TO US 4 (MYSELF MY FATHER MY SISTER AND BROTHE B1) TO RETURN THE ADVANCE AMOUNT .WE SAID THAT WE DONT HAVE MONEY TO SETTLE AS PER THE AGREEMENT WE ARE READY FOR THE REGISTRATION PROCESS AS WE HAVE SPENT THE MONEY FOR THE TREATMENT FOR OUR FATHER .BUT THE INSPECTOR IS FORCING US TO EITHER SETTLE THE ADVANCE AMOUNT TO BUYER OR ASKING US (MYSELF AND MY SISTER) TO RETURN THE SHARE OF OURS TO MY BROTHERS B2&B3 OR ELSE HE SAID I WILL LODGE U PPL WITH IPC 420 & 406 .HE THREATENED ME THAT IF A FIR BEEN FILED IN MY NAME I WILL LOSE MY JOB(AM A GOVERNMENT SCHOOL TEACHER).
SO WE THREE (MYSELF MY SISTER AND MY B1) APPROACHED THE HIGH COURT FOR AN ANTICIPATORY BAIL AND WE GOT INTERIN BAIL.NEXT HEARING DATE TOMORROW 4/9/2017. ON AUGUST 30 FIR HAS BEEN LODGED ON ALL 6 PERSONS(FATHER MYSELF MY SISTER BROTHERS 1.2.3.)UNDER SECTION IPC420 &IPC 406.
BEFORE 20 DAYS THE INSPECTOR AND SUB INSPECTOR OF POLICE ENQUIRED ABOUT THE CASE IN THE MOBILE (VIA CALL) I ANWERED TO THEM THAT AS PER THE AGREEMENT WE ARE READY FOR THE REGISTRATION . I HAVE THE RECORD OF THE CONVERSATION .
WHAT WE HAVE TO DO NOW
