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Dr Ramesh Yadav   26 May 2024

For giving some other's property on leave and license

What will be the ipc attracted if someone else is given others residence flat and commercial Shop on leave and license and taken money with the help of society representatives.
and please also suggest, who will be the accused ?
1) Licencee or
2) Licencer or
3) Society representatives or
4) all of the above


 4 Replies

sridhar pasumarthy (ADVOCATE)     26 May 2024

Cheating (by impersonation) 

1 Like

Soham Sane   26 May 2024

Where the Licensee has entered the agreement in good faith:
Primarily the Licensor and the Society Representatives who were responsible for the conduct of the society can be accused under section 416, 420, 425, 468 (34 for making Society Liable).

Where the Licensee is in the knowing:
All of them can be accused under 420, 425, 442, 468, 34.

Section 34: Acts done by several persons in furtherance of common intention.
Section 416: Cheating by personation.
Section 420: Cheating and dishonestly inducing delivery of property.
Section 425: Mischief.
Section 442: House Trespass.
Section 468: Forgery for purpose of cheating.

As the licensor himself doesn't have the title of ownership to give the right of possession to another person on leave and license agreement the agreement itself is illegal and void and the society representatives are in the equal liable for the illegal act conducted.

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 May 2024

The aggrieved person can lodge a criminal complaint narrating the entire events in the complaint, the polce will frame charges as per law by invoking proper provisions of law

1 Like

Advocate Bhartesh goyal (advocate)     26 May 2024

Alleged licensor is liable for punishment of offence committed under sec 416,420,442&468 IPC.

1 Like

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