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Jaya Pathak (Paralegal)     14 July 2015

Is it criminal? rent agreement of ancestral property

Hello, 

 

The commercial property is ancestral with 3 names on propery card. Father and 2 sons A & B. The elder son A is doing all rental agreements only in his name since 1993 without any power of attorney from others b'se the 2015 rental agreement wording doesnt say that there is any POA to take rent only in his name. 

 

B younger son never bothered to question his elder brother A. B  has a minor son. B is not bothered about anything and is not even taking care of the wife and minor son. 

 

Please note the property is 100% ancestral b'se it is in the family from time the great grandfathers of A & B existed. 

 

Can B's wife on behalf of the minor son initiate any criminal suit against A b'se A is not giving any share to B out of this rent since last many years?  Please mention specific section if applicable. 

 

Thanks

Jaya



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 1 Replies

Arun Samota (Lawyer)     14 July 2015

It is criminal breach of trust under section 406 of indian penal code..B's wife can report in police regarding this..

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