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What provision realase cease property person dies during investigation


15-Aug-2023 (In Criminal Law)
It is to inform a criminal case was registered under section 13(2) R/w 13(e) of the Prevention of corruption Act, 1988 against me on 08.11.2016 and he was arrested and released on bail on 25.11.2016 as he is accused on disproportionate of assets to his known source of income. At the time of ACB ride on 08.11.2016, the ACB officials are seized all movables, immovable and gold and cash and other valuable materials including FDR and Bank accounts for the tune of the valve around Rs.3 crores. including Bheenamis. The A.O's father's properties also included in the ases. But the A.O's father was dies on 17.02.2017 during investgation. whether any provision to release A.O's father properties as the A.O's father died and he is not dependent on the A.O. He has own source of income. In this connection it is requested to give legal position?
Answers (2)

Answer #1
514 votes
Hi
Since A.O'S Father's properties are also included in the assets, we should produce documents pertaining to source of income of A.O's father and claim the title.
Also now that A.O's father has passed away, his legal heirs can file the income proof of the deceased and claim for release of A.O' father's properties during the pendency of trial
Answer #2
855 votes
even though the accused in the case dies and the case is abated there is burden on legatees to prove that the assets are of the official income of the accused who died and you can claim return of property under 457 or else you can file petition for declaration of succession and claim property

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