Jaya Pathak (Paralegal) 12 January 2015

Is 405, 406 & 420 applicable?

This is ancestral property..... "A" is the owner of the flat and other property. After A's death all the below got this property.

X - son of A

Xs1 - 1st son of X

Xs2 - 2nd son of X

1) Now X and Xs2 have signed a gift deed for this flat in favor of Xs1.

2) X, Xs1 & Xs2 sold some property to a cousin of Xs1 but all compensation is taken only by Xs1. Nothing is given to Xs2.

3) Few years back X an Xs1 had sold another property and all compensation was taken only by them.

According to the wife of Xs2, Xs1 is mis-guiding or black-mailing Xs2 and doesnt want to give any share in property to Xs2.

Can the wife on behalf of minor son of Xs2 file a 405, 406 & 420 on X & Xs1?

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2 Replies

Daksh (Student) 13 January 2015

Dear Jaya,

It is emphatically clear and the same has been held in number of court judgements as well that both Sections 406 and 420 cannot go together. It seems that the minors mother wants to secure his interest which is being hurt by his father's deed as such she must be within her right to file a suit for injunction restraining the father.

I hope this clarifies

Thanks and best regards

Daksh

T. Kalaiselvan, Advocate (Advocate) 17 January 2015

There is no question of breach of trust or cheating hence do not imagine such concepts, this is purely a civil matter. Moreover from your contents it appears that one brother is misguiding another or blackmailing, so it is the aggrieved person who has any criminal case to file against the aggressor. Where is the question of minor interest in the property since the nature of ancestral property extinguished once it was partitioned? Better consult a good lawyer in the local and have his opinion of further issues.