Few years ago i have filed a msising report for the lost property documents (property is in my fathers name). Recenlty one of my relateive relvead to me that those were forcelly taken by my elder brother. and that relative do not want to be named and wont indulge in any police case what so ever.
1.Can i file a complaint agains my brother?
2.Is this a criminal offence. my father over 95 year and is not in a sound state of mind to file a complaint or state the incendent.
Thanks
Raj
Arjun Kohli 05 July 2017
Yes, I believe you can file a complaint with the police. They will conduct a certain preliminary inquiry into the matter and decide whether an FIR in the said matter is necessary or not.
It would probably fall under the offense of Theft u/s 378, IPC whereby your brother dishonestly removed the documents from the possession of your father without his consent. He could probably defend his possession of the documents on the same ground that your father is of quite a senior age and gave his documents to your brother himself and what not. Therefore, only go ahead with the complaint if you can appropriately prove the issue to the police and then to the court. Try resolving this internally if possible.
Kumar Doab (FIN) 05 July 2017
Alongwith missing report the newspaper publication might have also been released.
Thereafter certified copies might have been obtained.
Your father may think upon settlement deed with life interest.
Kumar Doab (FIN) 05 July 2017
Alongwith missing report the newspaper publication might have also been released.
Thereafter certified copies might have been obtained.
Your father may think upon settlement deed with life interest.
Kumar Doab (FIN) 06 July 2017
You are welcome.
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