Criminal breach of trust-entrustment
B@75BHAIBABU
(Querist) 02 April 2013
This query is : Resolved
sir
my grandmother had a plot of land in westbengal.she had 8 son and daughters.out of which 7 including ourselves used to reside outside westbengal.youngest son of my grandmother used to look after that plot as his house was near that plot of land.he was allowed to look after the property verbally by all legal heirs of that property.but youngest son by dishonest means sold that land first by changing record of that land ,then by issuing forged khatiyan and by few more dishonest means.i collected evidence from blro office by rti act and few recorded conversations with few relevant persons which is sufficient to proove dishonest means.i lodged a complain in p.s and case was registerd but section 405 ipc was not included.i.o is saying that wher is written entrustment of property given from your side to the accused?i said to i.o that accused was in full control of property and since accused was brother of other legal heirs ,entrustment was given to accused verbally.sir my question is --is written contract compulsory to proove entrustment of property in my case?kindly give me legal advice as to how should i proove entrustment of property in this case
Raj Kumar Makkad
(Expert) 02 April 2013
The case is covered under section 420/467/468/471/120B IPC. Prepare challan accordingly failing which file a separate complaint before the court and also file another civil suit seeking setting aside all acts of forged record, sales etc.
Devajyoti Barman
(Expert) 02 April 2013
If you wish to get back the property then you have to file civil suit .
For punishment of offences the charges mentioned above may be brought against him.
B@75BHAIBABU
(Querist) 03 April 2013
sir,i.o have included 420 468 472 i.pc
i have been told by one of my friend that---
1)documents of my land has been forged but the person who has bought land from youngest son of my grandmother has been cheated.so i cant proove 420ipc (forgery for the purpose of cheating)if buyer of land turns violent in court.if buyer of land would have submitted a complain then 420 ipc would have been appropriate.
2)similarly 472 ipc offence has also not been committed against me .if buyer doesnot lodge a complaint or turns violent in court ,charge cannot be prooved-briefed to me by friend
3) i.p.c 472 cannot be prooved in court since no counterfeit signs have been recovered from his house
sir,friend told me that besides these sections 406 should also be included as1)accused was given the responsibility to look after land (verbally as accused is brother)and we used to stay away from place.when i said it to i.o he said that where is written declaration of entrustment? my question is --is written contract compulsory to proove entrustment of property in my case?kindly give me legal advice as to how should i proove entrustment of property in this case
Devajyoti Barman
(Expert) 03 April 2013
Your 'friend' has told you lot of things.
Take his help only.
B@75BHAIBABU
(Querist) 03 April 2013
i need your guidance sir,as accused are politically very influential.and they can easily influence anybody to tilt investigation in their favour
Raj Kumar Makkad
(Expert) 03 April 2013
If you anticipate the investigation in their favour then file a criminal complaint under section 200 of Criminal Procedure Code only before the local magistrate.
