Coparcenary owner of ancestral property doing rent agreement in only his name

Jaya Pathak (Querist) 09 September 2015 This query is : Resolved
Hello All,

One of my client recently came to know that one of the coparcenary owner of commercial office property is renting the offices only on his name and taking rent to himself.

The Malmatta Patrak or property card shows all the names of coparcenary owners.

Is it possible to file any any case under IPC besides filing for partition? Please specific section.

Thanks to all experts for taking a look into this query.

Jaya

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P. Venu (Expert) 10 September 2015
You can file a civil suit; there is no scope for criminal action.

Jaya Pathak (Querist) 10 September 2015
Can we send notice of trespassing to the renter?

Hemant Agarwal (Expert) 10 September 2015

1. You may file criminal case of Cheating against the co-owner, AFTER following due notice and process of law.

Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar

Jaya Pathak (Querist) 11 September 2015
Thank you Hemant Sir...

T. Kalaiselvan, Advocate (Expert) 18 September 2015
You have civil remedies seeking share in the mesne profits in the partition suit or otherwise.

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