Inquiry
Amit Maheshwari
(Querist) 27 April 2014
This query is : Resolved
hello to all Respected Experts . I am Amit Maheshwari (Advocate) and need some suggestions on this matter .
A property was attached by Income tax Dept. due to outstanding of Income tax . In this property a Trust was Decreed by court to register 65% property in his favor . now the ratio is 65% in favor of trust and 35% is in favor of Income Tax Department . And this is Undivided portion between both parties . About 7-8 years ago a land scam-er has taken Possession of 3 go-downs in said property by illegal way . After this he (land scam-er) given these go-downs on rent to unauthorized tenants by a Agreement of on 100 rs. stamp convincing them that he is the owner of the said go-down . I got a photo state copy of Agreement from one tenant . In this Agreement land scam-er says that he is owner of this go-down and rent is rs. 5000/- per month starting from 1 Aug 2008 . I send many letters to IT dept. but they are not taking any action about the confusing for their portion which is undivided . And Trust is also not taking any action for family feud . I want to know for my knowledge Is it allow under sec 39 or 154 Cr.p.c. any other person who is not concerned about the said property but as a responsible citizen can he lodge a complain about this crime or is there any other provision for lodging complain about this matter in law .
Advocate. Arunagiri
(Expert) 27 April 2014
If some body occupies the property owned by the Income Tax Department, The IT dept has every right to evict them. The illegal occupants can be booked for tresspassing.
Bring it to the knowledge of the IT Dept.
Who is your client?
If Trust is your client, you can lodge a complaint. While making a police complaint, you need not mention any sections of IPC, just narrate the facts supported by evidences.
At the time of registering FIR the police will include the Sections.
Amit Maheshwari
(Querist) 27 April 2014
hello to all Respected Experts . I am Amit Maheshwari (Advocate) and need some suggestions on this matter .
A property was attached by Income tax Dept. due to outstanding of Income tax . In this property a Trust was Decreed by court to register 65% property in his favor . now the ratio is 65% in favor of trust and 35% is in favor of Income Tax Department . And this is Undivided portion between both parties . About 7-8 years ago a land scam-er has taken Possession of 3 go-downs in said property by illegal way . After this he (land scam-er) given these go-downs on rent to unauthorized tenants by a Agreement of on 100 rs. stamp convincing them that he is the owner of the said go-down . I got a photo state copy of Agreement from one tenant . In this Agreement land scam-er says that he is owner of this go-down and rent is rs. 5000/- per month starting from 1 Aug 2008 . I send many letters to IT dept. but they are not taking any action about the confusing for their portion which is undivided . And Trust is also not taking any action for family feud . I want to know for my knowledge Is it allow under sec 39 or 154 Cr.p.c. any other person who is not concerned about the said property but as a responsible citizen can he lodge a complain about this crime or is there any other provision for lodging complain about this matter in law .
ajay sethi
(Expert) 28 April 2014
neither the trust nor income tax department is bothered about encroachments . you have done your duty by informing Income Tax departments regarding encroachments .
raise the issue in press about how inspite of repeated reminders no action is being taken by the dept
