Criminal breach of trust

Prakash Nair (Querist) 28 January 2024 This query is : Resolved
Agreement to sell (made in 2010) was not performed after obtaining consideration, meantime seller died in 2015. Can the aggrieved sue the legal heirs of the deceased seller, now (in 2024) for cheating, criminal breach of trust, dishonest misappropriation etc ?

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This discussion addresses whether legal heirs can be sued for criminal breach of trust, cheating, or dishonest misappropriation when a seller died after receiving payment but before fulfilling a sale agreement. The consensus is that while the original seller's actions might have constituted such offences, pursuing criminal proceedings against their legal heirs is generally not possible, especially when civil action is time-barred by limitation. An amicable settlement is suggested as the only viable option.

T. Kalaiselvan, Advocate (Expert) 28 January 2024
The sale agreement is very badly barred by limitation.
Nothing prevented you from taking an action immediately after the death of the seller.
When no civil litigation is maintainable then there is no question pursuing with any relevant criminal proceedings.

kavksatyanarayana (Expert) 28 January 2024
An amicable settlement is only the option.

Advocate Bhartesh goyal (Expert) 29 January 2024
No, aggrieved person can't initiate criminal proceedings against legal heirs of deceased for the act done by deceased.

P. Venu (Expert) 01 February 2024
No criminal proceedings are possible against the legal heirs. Civil action, though possible, is barred by limitation.

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