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How to file case u/s 405 7 406 IPC
21-Oct-2023 (In Property Law)
This is regarding my ancestral property which belongs to my Father and his siblings. My father has 3 siblings and we want to divide property equally among us and get our own share. We tried all possible ways to resolve this mutually but nothing worked. Seems like they are not ready to give our share and also illegally started doing construction on the Land that is not yet divided, So is IPC section 405 and 406 can be applied on them. If yes then how to file a case/police complaint against it.
File a partition suit. And asked for injunction therein.
The separate possession of yours is not define yet so co-owner has every right to possess whole property as it will deem to be join property unless parted by court or by mutual understanding.
The separate possession of yours is not define yet so co-owner has every right to possess whole property as it will deem to be join property unless parted by court or by mutual understanding.
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Adv. Suraj G Desai
Lonavla | 25+ Answers
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It seems that you have a good case partition and separate possession. You can also bring stay to the construction and bring them to knees. Then you can bargain of you terms. For filing case under section 405 you need to file a private complaint case before the magistrate within whose jurisdiction the property is located. You need to establish that the property was entrusted with them as caretaker and misuse it.
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Adv. Ujwal Phasate
Nagpur | 100+ Answers
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