Legal Question in Criminal Law in India
6March,2014 Dearsir Namaste! I want to take some advice for one matter.
we are two brothers.my eldest brother break my trust.In 2008 my father died without any will. In 2012 me,my brother and my mother did one agreement for property before notary.All these 3 property are on my Father's name. There are three house in our village.As per agreement two houses possesion given to my eldest brother and my mother go to reside alone one room kitchen at 1st floor of one house(my brother's possession).And one house came in my share.As per notarized contract ,we have given him possession of 2 houses the day of contract and he uses it.
But ,As per contract he has not given fully possession of my house.There are two rooms in my house ,one room of that house possession has given but in the other room where my brother 's one tenant live before contract and till today.On the day of contract , my brother has told tenant to give possession of that room within 2 to 3 days . But till today my brother
has been taking rent from tenant and not doing as per contract ,meanwhile i sent a notice to tenant to empty my house .But it is unanswered.
now ,i want to lodge complain against Tenant which is residing in my house without my permission and my brother also who has taking rent and doing agreement with tenant illegally, though he has done contract with me in2012. is it comes under i.p.c 406 &415 .I want to private complain in court as a criminal offence ,not now civil claim case.I want to punish them by court and also get possession of that room. today , all three property are on combined three names. please guide me.
ur's sincerely
Sanjay Bhavsar
1 Answer from Attorneys
A criminal case is not advised. You may file a suit for recovery of rent and for eviction of the tenant.
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