Reinvestigation under 156(3)
rohit garg
(Querist) 18 July 2012
This query is : Resolved
sir i want to tell you about my case in brief
sir as my father who was the owner of the property in karolbagh in 1965 and as per rule dda took the rent for that shop on the name of firm NS company and my father as a proprietor and in 1970 me elder brother became the partner in firm but my father and brother didn't gave tat information to dda and in 1975 on behalf of the property in karolbagh the dda alloted the new property in the badli area and on the name of the firm NS company and my father as a propriter and my brother was alloted another plot as in dda only one person get one plot only(also he remained partner in the firm in the NS company) and in 1984 my father transfered this property to me , but now my brother made a criminal case in the court that he was the partner in the firm so only my father illegaly transfered the plot to me as the MM magistrate refused the case under 156(3) and now my brother goes to ACMM magistrate for further reinvestigation under 156(3).
But sir as plot alloted to my father so only he has the right to transfered the property.
Sir please tell me about the status of the reinvestigation under ACMM magistrate that wheteher he refused it or the case may be opened under 156(3)
dev kapoor
(Expert) 18 July 2012
IT IS NOT A CRIMINAL CASE COGNIZABLE BY POLICE OR COURT.The matter is purely civil.So no application under section 156(3)
IS maintainable.
Raj Kumar Makkad
(Expert) 18 July 2012
No criminal and even civil case is made out in the given facts. Your brother has become greedy. DDA can even take from him the other plot allotted to him. Had he been shown a partner in the firm of your father, neither your father nor your disputing brother would have got separate plots. Your father was legally an allottee of Badli area plot which he transferred in your favour legally so your brother has no claim at all therein.
