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Proving Entrustment u/s 406 and Cheating u/s 420 IPC
14-Feb-2026 (In Criminal Law)
I entered Govt service in 1981. After my Father's demise on 1981 I was the sole earning member of the family. I entrusted money to my brother to buy lands in my name in multiple phases. He was not having any source of income then. From 1983 to 1993 he bought 10parcels of land. All transactions were in cash. Then banking system was not widespread and Govt too paid salary in cash. No digitization of bank account is there. I discovered the fraud in 2025. Will my service book suffice here. Help me
In your case, since the properties were purchased in another person’s name, the transactions may be treated as benami, making it difficult to claim ownership directly. Your service book alone is not sufficient evidence.
You must prove that you paid the consideration, that your brother was holding the property on your behalf, and that fraud was discovered recently.
You may first send a legal notice, and if necessary, initiate criminal proceedings (cheating/breach of trust) along with a civil suit for declaration and injunction. However, due to the long delay, limitation may be a major obstacle.
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Adv. Aminuddin Khan
Kolkata | 25+ Answers
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