Breach of trust and cheating by brother
5 years ago
I had given a notarized GPA to my elder brother for a 60/60 society plot in Mysore on Jan as I trusted him to sell it and give me the money but he has sold and taken the amt and kept it in his fd account but not given any amt. He is not responding to any calls or messages. I feel he is cheating as he has not given surety and GPA copy also which he promised to give later. I am afraid he will cheat. What should I do to get my money.
A.Dear Sir,
You can lodge a police complaint.
You can lodge a complaint with Magistrate through Advocate
You can issue a legal notice and file a suit for recovery of that amount and attach the said FD immediately. For legal notice please contact me.
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ORDER XXXVIII : ARREST AND ATTACHMENT BEFORE JUDGEMENT
Attachment before judgement
5. Where. defendant may be called upon to furnish security for production of property
(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,-
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court,
the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy, the decree, or to appear and show cause why he should not furnish security.
(2) The plaintiff shall, unless the Court otherwise directs specify the property required to be attached and the estimated value thereof.
(3) The Court may also in the order direct the conditional attachment of the whole or any portion of the property so specified.
10[(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this rule such attachment shall be void.]
6. Attachment where cause not shown or security not furnished
For full procedure contact me on mobile through Vidhikarya.
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Please visit the following link.
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You can lodge a police complaint.
You can lodge a complaint with Magistrate through Advocate
You can issue a legal notice and file a suit for recovery of that amount and attach the said FD immediately. For legal notice please contact me.
=============================================================================
ORDER XXXVIII : ARREST AND ATTACHMENT BEFORE JUDGEMENT
Attachment before judgement
5. Where. defendant may be called upon to furnish security for production of property
(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,-
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court,
the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy, the decree, or to appear and show cause why he should not furnish security.
(2) The plaintiff shall, unless the Court otherwise directs specify the property required to be attached and the estimated value thereof.
(3) The Court may also in the order direct the conditional attachment of the whole or any portion of the property so specified.
10[(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this rule such attachment shall be void.]
6. Attachment where cause not shown or security not furnished
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Suneel Moudgil
Responded 5 years ago
A.send him legal notice with a warning to the introduction of strict legal action (Civil as well as criminal), and if he didn't return amount despite service of the legal notice, immediately make a police complaint and start litigation.
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