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Is theft done by family member criminal offence?


13-Dec-2023 (In Criminal Law)
My name is Prasad. I have one elder brother and younger sister. My father died in 2009. My mother died in 2019 May. They prepared no will. We all three legal heirs got married, have children and settled at Hyderabad. My parents have properties in our town. My elder brother went alone to our parents' house in June 2019, without my knowledge, brought all the documents of our properties, gold jewellery, silver items, etc. And kept at his home(hyderabad). No partition done yet. Can I file a theft case against him? As there is no will made by my parents, no partition done yet, how can he have a right to go into my parents house and take all the valuable things without the consent of other legal heirs? Pls guide me
Answers (1)

Answer #1
537 votes
Hello prasad, without legal heir certificate no. One can transfer property on their name. If they do anything without legal heir certificate then you should file a partition suit / case on that property by filing an IA petition to keep a stay order not to alienate any third party person to enter into that property. If you have any further doubts contact me.

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