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Can Metropolitan judge order to sell undivided share of property
13-Nov-2024 (In Criminal Law)
My sister & I are co-owners of flat in co-op society. Me & my sister are now estranged. My relative not give her my contact details. She not file for Partition. She file frivolous PRIVATE complaint. She got judge to order police investigation. Police returned police report that I am untraceable, but they not contact my relatives. I not receive Summons and live outside jurisdiction. Can criminal court issue order for my sister to sell her share of undivided property without proper due diligence?
A criminal court cannot order your sister to sell her share of an undivided property, especially without following due process and proper service of summons. Property-related disputes, such as co-ownership or partition, fall under civil law, not criminal jurisdiction. For a sale or partition of the property, your sister must file a civil suit for partition, which requires serving notices to all co-owners, including you. In criminal cases, due process mandates proper attempts to trace you, including contacting relatives, issuing public notices, or alternate methods of serving summons. The court cannot proceed without ensuring you have been adequately notified. If the criminal complaint is frivolous or filed with malicious intent, you can challenge it under Section 482 of the CrPC to quash the proceedings in the High Court. Additionally, no co-owner can unilaterally sell or transfer their share of an undivided property without mutual consent or a court-ordered partition. To safeguard your interests, appoint a local lawyer to track the criminal case and represent your side. If your sister files a civil case, be prepared to defend or negotiate. Ensure that the court is informed of your correct address to prevent further claims of being untraceable and avoid ex parte orders.
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Adv. Rupal Dwivedi
Delhi | 50+ Answers
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Criminal court has no authority to order your sister to sell the flat and have the amount of her share. She has got the right but in different forum, further , if you want to retain her share , you could also offer market price for her share.
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Adv. Ashutosh Kumar Mishra
Delhi | 50+ Answers
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