Is it burglary/theft
Querist :
Anonymous
(Querist) 17 January 2012
This query is : Resolved
THERE IS a big house having 32 rooms, it is locked from 2-3 years.its patta is issued in the name of A who is living out of country, 3 months back A sold it to B through registered sale deed and handed over the possesSion .c cousin of A lodged a fir alleging that he was having 1/4 SHARE IN this house throUgh oral settlement and residing here for last 30 yrs except last 2-3 years, and his household good s and valuables still lying in this house,A BROKE OPEN THE LOCKS AND TAKEN POSSESSION OF ALL.DURING SITE VISIT POLICE FOUND SOME HOUSEHOLD GOODS BELONGING TO C.IS A IS LIABLE FOR THEFT/HOUSE BREAKING
Shonee Kapoor
(Expert) 17 January 2012
yes and no, oral agreement also needs to be proved.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 18 January 2012
A might not be having any knowledge of any illegal encroachment made by C during last 2-3 years when he was abroad and this point can be of his help otherwise he is guilty of house break. No person has power to take law in his own hands.
Deepak Nair
(Expert) 18 January 2012
No property can be transfered through oral agreement. Any transfer, other than through WILL, is required to be through registrered deed after paying requisite stamp duty.
Thus, legally C does not have a right on the property.
A cannot be prosecuted for housebreaking or burglary for entering his own house.
Sudhir Kumar, Advocate
(Expert) 19 January 2012
As stated by yo the rpoperty was in possession of C for the last 30 years. He cannot be depossesed by breaking of lock
Dr Anil Kumar Singh
(Expert) 19 January 2012
Dear friend, A is the owner of the house. He was living out of country and as stated that C himself admitted that he was living in the house except last 2-3 years. Since C was not living in the house for last two three years A must not have knowledge of C in possession of the house. An oral transfer of share has no validity at all. C's trespassing house of A in his absence without his consent is a crime by itself . If C has no papers or authority regarding possession/occupation of house in question this fact is helpful to A.
Taking other's property in your custody is crime itself which has been committed by A.
