Legal Question in Intellectual Property in India

MY father wrote about 60 books and died in the year 1975. My brother is publishing these books and selling. My father had a trust. After my father's death my brother took over that trust but he is not publishing books in the name of the tust. My father's trust is registered. My brothr is publishing books in the name of another fictious name which is not registered. Some of my father;s books are religious. So using the sentiments of the people he is collecting money from the public to publish books. He coolects more money than is required to print the book. He collects the money using fictious unregistered trust's name and uses that money for his personal comfort. What kind of legal action can be taken on him. Is it possible to file FIR in the police? He has not taken my permission to print or publish books. Kindly advise.


Asked on 1/08/13, 8:58 pm

1 Answer from Attorneys
rameswaram ramanathan Self

please clarify the following points

1.whether your father has left any will authorizing your brother to publish those books.

2. why you were silent from 1975 after your father's death till date.

3. if there is will, then all the legal heirs of your father including your mother if alive are entitled and all the other legal heirs have to execute a power of attorney innfavour of your who is publishing those books.

4.in case there is no will or no power of attorney your brother is infringing the rights of other legal heirs and you can take legal action against your brother besides lodging a complaint with Police to freze the copies from selling.

you can seek the help of a local Advocate

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Answered on 1/09/13, 7:17 am


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