Non Agriculture Property

There are two kind of Non - Agriculture Properties exist in india. This types are as follows -

1. Movable Property
 
2. Immovable Property
 
1. Movable Property - In whole world a lot property are there. As per law bifurcate the type of property in its nature of movable. All properties which are movable in nature. A property which able to move from one place to another property. All this property called movable property. In indian law, crime regard movable property are separately deal by separate law or act. 
 
2. Immovable Property- A Property whose nature is immovable. A properties which not able to move from one place to another property at any circumstances. Its all consider immovable property. As per Indian law, all rules and law related to crime of immovable property are separately. 
 

The movable property related crime

1. Theft.
2. Robbery and dacoity.
3. Criminal misappropriation of property.
4. Receiving stolen property
 
1. Theft - A person / theft take away any property (movable property) of any other person without owner consent, illegal intention. 
 
2. Robbery and dacoity- A person restrain persons in path or house, threat them to kill and take their valuable movable properties without their consent, as per IPC, its called robbery. 
 
When five or more person restrain persons in path or house, threat and kill some one or use any violence by them, take movable property, is called Dacoity. When Robbery have add little or big violence its change offence, its called dacoity. 
 
3. Criminal misappropriation of property - Any person take another property and use as his property. Show in front of other that is his property, knowingly its belong to another. 
 
4. Receiving stolen property - Any person purchase or receive any property which another person get by thief, robbery or another illegal means. 
 

The Immovable property related crimes -

1. Extortion - Intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits extortion.
In short. A person threat another person to sign on documentation which can use as valuable and take with himself without another consent. Its called extortion. 
 
Example - A threat to B to sign chaque and take it with him. its called extortion.
 
2. Criminal breach of trust.- A person does not fulfil his duty or work which assign by any person and take advantages of another's trust, relevant thing use by him, illegal way. Its comes under criminal breach of trust. 
 
Example - A give his bus to B for driving in school, and night he stand bus at A's house. but one day, B take bus and not come back forever.  its called breach of trust. 
 
3. Cheating- A person do any wrongful act, which they know its harm for another, or may be cause of another wrongful loss for another. Its called  cheating.
 
Example - A take money from B for purchasing gold, but A take money and refuse to give gold. 
 
4. Fraudulent deed and disposition of property - A person make fake deed of another person's property or make fake sign of another person on deed or respectively documents. And than disposition of property on same fake deed or with fake sign help. 
 
Example - A death, after death of A, B make a fake will of A and disposed property of the same. 
 
5. Mischief  - Ingredients of mischief as given in section 405 are as under:
Intention or knowledge of likelihood to cause wrongful loss or damage to the public or to any person;
 
 
Causing destruction of property or any change in the same or in the situation;
 
by such change the property must be destroyed or its value is diminished or its utility is marred. The punishments for this offence is inflicted vide section 426 and it is only punishment for 3 months or with fine or with both. Different types of mischievous are dealt in sections 427 to 440.
 
6. Criminal trespass - Entry into the property which is in possession of other person without consent;
or if such entry is with permission of owner but after some time, consent is withdrawn, The entry and remaining there unlawfully with the intention, is called as criminal trespass. 
 

Procedure related property

1. Get Know the Jurisdiction of Court
2. Filling of suit/ Complaint before magistrate  
3. Trial / proceeding before court 
4. Written statement
5. Replication 
6. Filling of documentation
7. Framing of Charges
8. List of witness
9. Defense/ Argument before court
10. Certified copy of Judgement
 
1. Get Know the Jurisdiction of Court- As per Law, A dispute property is situated, in whose court jurisdiction. That court is consider competent to file or trial the case. If parties are live another city then they have to come at place where dispute property is situated for file the case. But if immovable properties are situated in different court of jurisdiction, then all respectively places jurisdiction court are competent to file or trial the case. A parties can file a case in any respectively place of court.
 
2. Filling of suit/ Complaint before magistrate - Petitioner/ party's lawyer should make a appeal of case under time limit as per limitation act. If limitation period as per law is finish, they not allow . they should pray for time before magistrate. Appeal is always presentation before court with affidavit and vakalatnama. 
 
3. Trial / proceeding before court - Petitioner shall pay court fees, and file double photo copy set of appeal before court in 7 days from appeal. 
 
4. Written statement - Respondent shall file a written statement with affidavit  before court within 30 days from appeal. Limitation of 30 days can extend to 90 days as per exemption case or court discretion.  Respondent shall deny the fact of appeal, which is false as per him. As per law, if respondent does not deny the fact of appeal, its consider, respondent accept that fact or allegation. 90 days allow time.
 
5. Replication - A respondent make allegation on the petitioner in his written statement. At this condition petitioner shall file a replication, in which he shall deny all fact or allegation of written statement of respondence. 
 
6. Filling of documentation - Petitioner and respondent give time by court to submit related documentations/ evidence of case. After long time any evidence/ document try to submit by either party so, its generally not allow by court. 
 
7. Framing of Charges - As per appeal, written statement and document of both parties, court frame the charges of the case. 
 
8. List of witness- From appeal 15 days or other days define by law,  Parties shall present witness before court. Parties call witness before court. if not possible so, parties tell to court for same. Court give  summon to call witness to come court. Court allow examine in chief and cross examine  
 
Examine in chief - taken statement of own witness, 
Cross examine - taken statement of witness by opposite parties advocate. 
 
 After listen both parties statement, judge given a date for argument of advocates .
 
9. Defense/ Argument before court - Before pronouncing judgment both parties present their fact and point and argument before court. 
 
10.  Certified copy of Judgement - After it completion of arguments of advocates, court same day or another date pronounce judgement of the case. And issue a certified copy of judgement. 
 

Essential Documents for Property related offence Filing-

1. Address Proof and age proof of party  (Aadhaar Card / Voter Card / PAN Card / Passport / Driving License)

2. Evidence/documents related ownership of property 

3. Evidence/ Documents  related offences, if happen offence 

4. Other document as per case needed.