Theft of Jewellery by Brother

882 votes

Dear friend,
Here issue is whether you want your money and jewelers of your wife or not, whether he gives peacefully or not is a private and mutual consent between a party ,no Advocate can give any legal advice on that ,yes advice can be given when you want a legal approach to get your property back .You may consult us ,OFC : Adv Pankaj Kumar & associate..

LawRato LawRato

688 votes

I understand your concern and empathize with you, also respect your emotions inline with the family reputation and other things at stake. Nonetheless, here is an event where you believe things are stolen. As per the law, Whoever commits theft (if proven, irrespective of relationship) shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. you need to decide here, if you want to go ahead and file the compliant or not. One other aspect from your query that gets highlighted is the jewellery is mortgaged, I believe you have already done some homework and identified the root causes. If so, you can definitely get into an agreement with your brother including various points to be considered. But remember, by doing so, you may not have an option of punishing him as per the court of law since this event will not be seen as theft anymore but more as an agreement where you have pardoned the act of steeling. To be on a safer side you can not only get into an agreement, but also collect post dated cheques to be on a safer side, in case he defaults you have an option to file a case of check bounce. Dishonoring a financial instrument (cheque) will attract criminal proceedings which include fine and also imprisonment.

Regards,
Sonia Rajesh

Advocate Sonia Rajesh LawRato

953 votes

It is better you call the elders and see that he returns the jewellery and cash or you file a police complaint or the said things will repeat again, further if he is ready to pay later take some security like post dated cheque and agreement.

Advocate Bharat Narasgouda LawRato

854 votes

It is a clear case of theft and, in my opinion, should be dealt as such. Since he is your brother, you may inform him that you would file an FIR if does not return the stolen property within a reasonable time period. It is not advisable to enter into any kind of agreement since in such cases the agreements are seldom honoured. Further you may contact a lawyer or us.

LawRato LawRato