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Divya (nil)     08 June 2013

Movable property jurisdiction

Dear Experts

 

I have a query related to movables property jurisdiction for a private criminal complaint.

 

The background is as follows: My grandmother who expired in 1993 last resided in Pune with my chacha. She had kept all her papers in her matrimonial house. Hence my Chacha was aware of all her bank accounts, locker details etc.

 

After a few years of her death, my chacha did cheating. He made false affidavits by conniving with all his sisters..

False affidavits deliberately omitted my father’s legal rights. He was nowhere mentioned as a brother of my chacha or as son of my grandmother. Two affidavits by the two sisters were made at Delhi and they mentioned that all movable property of my grandmother should be transferred to my chacha. Similarly other two sisters made two different affidavits at Saharanpur where they mentioned that all movable property of my grandmother should be transferred to my chacha.

 

My Chacha has transferred all movable property belonging to my grandmother in his name & mostly he has disposed off the property by using them. Movable property included a Savings A/c, F.D.R, a locker which had my grandmother’s entire lifetime “Stridhan” worth several lakhs too.

 

The issue is my parents & my family stays at Thane (Mumbai).

 

My Chacha is liable for Criminal Misappropriation, Breach of Trust & even Cheating. But I am a little confused for Jurisdiction.

 

I want the experts help and suggestions to file a criminal matter at Thane Court as it will be very difficult for us to travel on each date to Ambala court.

 

If I consider the locker contents were receivable by my parents at Thane, then probably it shows some jurisdiction but I still require concrete suggestions to prove Thane Court has jurisdiction for atleast breach of trust or under Section 181(4) of Crpc for place where goods entrusted or misappropriated are to be returned.

 

Thankyou



Learning

 1 Replies

Advocate Ravinder (Advocate/Attorney)     08 June 2013

You have not mentioned the case properly. Kindly clarify the following.

a)    ..In which place/area/town  did the Savings account , FDR and locker opened

b)    ..In what way Ambala related to your case.

c)     ..Where is your deceased  grand mother’s residence.

d)   .. In which place your chacha sold out the properties to third parties.

 

 

Anyway, you or your father have to file a partition suit in civil court against your chacha and her sisters.  You can file an I.A. for accounts of all movables and another I.A. not to sell the properties till disposal of the suit. Simultaneously, you can also file criminal case against them, for misappropriation of funds, cheating, criminal breach of trust. I do not understand how the bank officials have handedover the movables to them.  Normally they have to file case for succession and bring an order from the court, then only the amount will be handed over. Please clarify this point.  


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