In laws not returning gold kept in their bank locker
Chetan
(Querist) 09 March 2014
This query is : Resolved
Dear All,
Season's Greetings to you!
Around 13 years back (after marriage), my wife gave all jewelry (Gold,Silver,...) to her mother to keep in her Bank Locker. But, now they (Especially her brother) is putting condition that to get jewelry back, my wife has to sign on a paper to state that she is not having any right/share in her parents property.
Please, suggest what to do.
Can I/she get that locker seized before they remove jewelry from locker by consulting the concerned bank, If yes, please suggest how to do that.
Thanking you in anticipation.
Regards
Dr J C Vashista
(Expert) 09 March 2014
The condition cannot be accepted it is blackmailing tactics.
However, in order to get back the jewellary act diplomatically wherein she may sign document and back-track subsequently stating the document was got executed under pressure.
Engage a local lawyer.
Devajyoti Barman
(Expert) 09 March 2014
Yes file a case of cheating and criminal breach of trust and ask for seizure of locker.
Rajendra K Goyal
(Expert) 09 March 2014
Repeated query:
http://www.lawyersclubindia.com/experts/In-laws-not-returning-my-and-my-wife-s-gold-kept-in-their-bank-locker-458261.asp
Biswanath Roy
(Expert) 09 March 2014
Follow advise of Learned Dr. Vashista.
Sudhir Kumar, Advocate
(Expert) 09 March 2014
section 384 of IPC
ection 383. Extortion
Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
Illustrations
(a) A threatens to publish a defamatory libel concerning Z unless Z give him money. He thus induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.
(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sing and deliver the bond. A has committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.
Section 384. Punishment for extortion
Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.
Sudhir Kumar, Advocate
(Expert) 09 March 2014
section 44 of IPC
Section 44. Injury
The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.
so injury to property is also injury
Sudhir Kumar, Advocate
(Expert) 09 March 2014
Section 410. Stolen Property
Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which 1[***] criminal breach of trust has been committed, is designed as “stolen property”, 2[whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without 3[India]]. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.
Sudhir Kumar, Advocate
(Expert) 09 March 2014
you brother in law is paving way to be in Jail.
Your wife can given FIR against him and apply to the police to seal the locker where here property is lodged.
This is in the cateogry of stolen proper for which read section 410
Sudhir Kumar, Advocate
(Expert) 09 March 2014
repeated
http://www.lawyersclubindia.com/experts/In-Laws-Not-Returning-My-and-My-Wife-s-Gold-Kept-in-Their-Bank-Locker-458261.asp
Biswanath Roy
(Expert) 09 March 2014
AS YOU VOLUNTARILY KEPT YOUR JEWELERY IN YOUR MOTHER'S BANK LOCKER BUT NOW YOUR BROTHER ILLEGALLY IMPOSING A CONDITION TO RELEASE THE SAME SO IT IS A CASE OF CRIMINAL BREACH OF TRUST AND AN OFFENSE U/S. 405 IPC.AND PUNISHABLE BY LAW SERVE A LEGAL NOTICE UPON YOUR MOTHER STATING THAT YOUR BROTHER IS PUTTING ILLEGAL CONDITION WHEN YOU DEMANDED YOUR JEWELERY LYING IN HER BANK'S LOCKER.LIST OF JEWELERY IS TO BE GIVEN IN YOUR NOTICE.
T. Kalaiselvan, Advocate
(Expert) 09 March 2014
Expert Mr. Sudhir Kumar has addressed your problem very elaborately and his valuable suggestions are worth following. Issue a lawyer's notice first and then proceed legally thereafter.
Biswanath Roy
(Expert) 09 March 2014
I differ with the Learned expert Mr. Sudhir Kumar & Learned Mr. Kalaiselvan. I request them to look at the query once again. No where in the query it was alleged that ornaments in question were stolen but voluntarily given to her mother for keeping them in the bank's locker lying in the name of her mother. sec.410 IPC is not applicable in this case but as it is a criminal breach of trust sec.405 IPC attracts.
Dr J C Vashista
(Expert) 11 March 2014
I agree and appreciate Learned advise of Sh. Biswanath Roy ji.
Sudhir Kumar, Advocate
(Expert) 11 March 2014
The ornaments were not stolen but these are subject to breach of trusts. It is offense u/s 406/409
ajay sethi
(Expert) 11 March 2014
agree with Mr Roy
Biswanath Roy
(Expert) 11 March 2014
Again I differ with you Sudhir Kumar ji sec.406 IPC significantly states "ENTRUSTMENT OF THE PROPERTY" and this entrustment must be to a person, a trust of some kind is necessary, and the property in respect of which criminal breach of trust can be committed must be either the property of some person other than the person accused, or the beneficial interest in or ownership of it must be in some other person and the offender must hold such property on trust for such other person or in some way for his benefit. In every case where offense of criminal breach of trust is alleged what must be established initially is the fact of entrustment of the property. The expression 'entrustment carries with it the implication that the person handing over any property or on whose behalf that property is handed over to another, continues to be its owner. Further the person handing over the property must have confidence in the person taking the property so as to create a fiduciary relationship between them.
R.V.RAO
(Expert) 31 March 2014
sri sudheer kumar has aptly replied your query.
as per his advice,let your wife file FIR and ask police to seal the locker.precede this procedure with a lawyer notice
