Legal Question in Criminal Law in India

2 daughter-in-laws purchased residential premises from their father-in-law in 1960 - Registered sale deed was made with lease given to mother-in-law for 50 years -.

mother-in-law never resided there (beig in seperate city) -. antique pieces were there in the premises - these antique pieces worth Rs.25 lacs have been theft away by one daughter-in-law with her husband - Other daughter-in-law has filed police complaint for theft - matter settled amicably and cheque paid for rs.11 lacs - Cheque returned alleging never issued, being old instrument, is used - now in Cross-examination the accused advocate is asking to produce antique pieces bills - how to submit these bills ? is keeping bills upto 49 years mandatory ? Is showing these pieces in incoME TAX returns must ? kindly guide


Asked on 8/03/09, 10:17 pm

5 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, a proof has to be there with regard to ownership of antique pieces. one also has to show the value of these antique piece in a depreciating or appreciating manner in one's own income tax return. in case one daughter in law cannot produce it, it may be shown that these pieces belonged to mother in law. some proof of ownership has to be given in order to sustain the case.

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Answered on 8/03/09, 11:56 pm
Vishwa Arya Arya & Co.

No. All you need to show is the existence of such antique pieces at the premises. Acquisition of antique pieces was an application of income not an income to be reflected. The other side is asking these question to repudiate their liability. If you have pictures showing the antiques in the premises that would suffice. But what is their case theory on issuance of cheque?

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Answered on 8/03/09, 11:57 pm
Shrichand Nahar S.V.Nahar, Advocate

If you have writing of amicable settlement stating about antique articles, purchase of articles of complainant by accused etc. then produce the same.

In case of word-against-word case, benefit would go the accused.

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Answered on 8/04/09, 12:13 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may refuse to produce the bills or the income tax details; these may not be necessary,.

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Answered on 8/04/09, 8:20 pm

At the time when you register complaint before police about theft of antique. Then police cannot close the file without any appropriate reason and there you and accused daughter in law should have mentioned something about amicable settlement amount and cheque detail. That is sufficient to create liability of cheque and no other proof is required. In case judge does not allow that proof then you have to produce any record to prove you other sister liablity towards you.

For More detail, Mail your detail to the undersigned;

Mr. Kamal Grover, Advocate

(Chandigarh, India)

M: 09814110005

e-mail: [email protected]

Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality.

Regards and good luck

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Answered on 8/05/09, 8:18 am


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