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K P Sendil Kumar (Project Manager)     03 February 2014

Is the following situation amounts to theft?

Hello experts,

Both my parents-in-law passed away (natural death) in August 2012.  My mother-in-law was in possession of around 200 sovereigns of gold jewels.

My brother-in-law who resides in a foreign country, without the knowledge or consent of his sisters, moved these jewels to a bank (the bank is in our native place in India) locker hired in his wife's name,

When we filed a complaint regarding the same with the local Police Station, the Inspector said that this is a Civil Case of property partition.  

Please let me know this act of my brother-in-law not considered as theft?

Thanks in advance,

Regards,

K.P. Sendil Kumar



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 6 Replies

Rohan (Manager- Legal)     03 February 2014

This is a case in which 1 owner (by inheritance) moves the location of a tangible property in his possession without consent of other owners (by inheritance).

Note these points;

1) Brother-in-law has (assumingly) moved the jewels in his locker without taking the Sisters; consent. and he is accepting this fact.

2) The Jewels are not bequeted by your late Mother-in-law as such to any specified Sister (or for that matter even the brother i.e. your Brother-in-law).

3) So presumely the ownership of the Jewels is a disputed issue.

In my opinion, this comes under criminal breach of Trust and not a regular Theft.

K P Sendil Kumar (Project Manager)     04 February 2014

Hi Mr. Rohan,

Thanks for your reply. Please note that, my brother-in-law has moved the jewels to a locker in his wife's name.  We came to know of the fact from an outsider and not from our brother-in-law.  Does this not amount to theft.

Thanks and regards,

K.P. Sendil Kumar

Laxmi Kant Joshi (Advocate )     04 February 2014

it is absolutely a theft case and punishable u/s 380 ipc /34 ipc ,120B ipc , registered this case in the police station against your brother in law and his wife , if police station refuses to register your case then made a written report to the S.P Police of your district and take the receipt duly sign and stamped on your complaint with you , if again not entertain and registered your case then file case in the court u/s 156(3) crpc.

K P Sendil Kumar (Project Manager)     05 February 2014

Hello Mr. Joshi,

Thanks for your reply and suggestion.

Regards,

K.P. Sendil Kumar

T. Kalaiselvan, Advocate (Advocate)     05 February 2014

I think a partition suit will be maintainable.

S K KARNjhc (Legal Adviser)     12 February 2014

you should file civil suit for the partition to be maintained, sir


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