Under 406 and 420ipc

Querist : Anonymous (Querist) 11 January 2012 This query is : Resolved
A,B and c are the legal heirs of which A is the elder sister followed by the two brothers to a muslim family. On the death of their father B and C are not informing A and A comes to know only after a couple of months though B and C are fully aware of the where about of A. Now A is preferring a criminal complaint to the commissioner of police in the following :
I was staying separately from my parents since marriage and oftenly I visits my parents to see their well being and moreover when my mother was fallen sick which made her to be admitted in the Apollo Hospital I took a house on rent in front of my father’s house to ensure that my father is taken care. My father had informed me when he was alive that the shares of the immovable as well as movable properties will be shared among three of us which was not liked by my brothers and they quarrel and fight with me.My Mother expired on 22nd December 2009 and my father informed me that my mother had left the following jewels of 324 grams along with the cash in the bank which is in his custody and along with this the liquid cash summed up to Rs.15 Lakhs of my father’s retirement amount will also be shared among three of us after his death.My father had expired on 19.09.2011 which I was informed through a reply on notice dated 08.12.2011 and prior to this I was not at all informed. My brothers had concealed the death of my father in spite of their fully aware of my residential address only to usurp the movable and immovable assets. I request to take the complaint in your file and to restore my share of movable properties and I will be moving the appropriate forum to claim my share in the immovable property as per the law.

Can you please guide me whether a criminal case under 406 and 420 is made out and FIR can be registered?

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Raj Kumar Makkad (Expert) 11 January 2012
The nature of the events is totally of civil matter so better the sister A go to civil court against her brothers B & C for the possession and partition of the family properties as per wish and desire of their deceased father.

Devajyoti Barman (Expert) 11 January 2012
Yes it is civil dispute for which civil case for partition lies.
The complaint to the Police has no value nor any force under the eye of law.

Deepak Nair (Expert) 12 January 2012
The Police themselves will not accept the complaint stating it as a civil matter.

Better to find a good lawyer and file a suit in the district court.

prabhakar singh (Expert) 12 January 2012
Its a pure civil matter,visit a civil lawyer and file a suit as advised in civil court.

Shonee Kapoor (Expert) 13 January 2012
civil dispute, civil resolutions, don't make it a criminal case for your own benefit.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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