My grandfather (nana) is a senior citizen of 95 years of age. He owns multiple property in joint name of my uncle ( mama). All these properties were bought by my grandfather but his name was added in property documents to make sure no daughter like my mother should be able to ask share. Unfortunately my mama threw my nana out of his own property. My nana came to our home and started living with us. Nana got the maintenance order from tees hazari court and injunction of 50 % of property. In suit for partition, he was awarded with primilinary decree as well. My mama, in order to grab his share, file false back dated power of attorney showing my nana sold his share to him. Of course as the documents as forged, his apeal is rejected, now he has stated doing this by the name of his sons and wife. Dispite stay in partition case, he has dispossessed nana ( threw his belongings from one room that was in possession of nana) and harassing my nana. He is waiting him to die so that he can enjoy full property. Can you advice on remedies against disposessing nana from property, making fraud documents, changing statement in court regularly, not paying decided maintannance on time and get his partition and other suits expedite. I read about senior citizen tribunal and writ petition to expedite his matters.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) your nana should file police complaint against his son for cheating , criminal breach of trust , fabrication of documents
2) file complaint against son under section 340 of cr pc for making false statement of oath
3) take out contempt of court proceedings against son for flouting court orders
4) since nana is senior citizen file application before HC seek expedited hearing of case
Thanks for the reply. please advice me on the following: 1. Nana filled police complaints already with no action. Please confirm under which section complaint case can be filed against the court. Is there any other forum such as senior citizen tribunal I can take this matter. 2. Can we approach senior citizen tribunal court? For what all we can contact? Do we need a lawyer for contacting tribunal. 3. Will it be a writ to file application in high court to expedite the matter. 4. Is it possible to make he is not able to file back dates attorneys again and again. 5. At present grandson of nana I.e. Mama's son is showing the chain that nana sold to his mom ( wife of mama) and she sold to a third person who wrote will on the name of my mama's son and claiming the right of nana. In previous cases mama and maami have given the statement that 50% belongs to nana and they have not sold his share. In application filed by their son, they remain silent. Is there a way I can show to the court that they are cheating nana by showing chain on each other name. Or do something by which they have to comment. 6. Nana every time have to file execution for his maintainance. Is there a way by which he does not have to file execution after every few months and become mandatory for mama to pay his maintenance. 7. In current partition case, local commission was appointed twice but they did not allow local commission to enter the property. Unfortunately they approached the judges who transferred the matter to some other court. My query is, is there a way court can get the partition done if one party is not agreed to proceed on partition final hearing. 8. Understanding the fact that my mama is getting my nana in multi litigation, is there a remedy. 9. Is there any other authority that helps the se riot citizens to get their rights. 10. Police is not taking any action. Is there a way ( apart from approaching the court) I can force police to take action. 11. Please provide me contact details of an advocate that can help me with this.
1) file private complaint in court under section 156(3) of cr pc to direct police to investigate and submit report
2) your grand father can file application before senior citizen tribunal and seek maintenance from his son . Tribunal can award Rs 10,000 a month as maintenance
3) lawyers cannot appear in senior citizen tribunal
4)you cannot back date POA
5)if son is not paying maintenance regularly take out contempt of court proceedings in HC for son refusal to pay maintenance
6) if local commissioner was prevented from entering property draw attention of court to said fact . even if one of parties is not interested in partition court can pass orders for partition
7) if local police is not taking action on your complaint approach commissioner of police as to how senior citizen is being harassed and police is refusing to take action
8) your grandfather can also approach national Human rights commission in this regard
9) you can approach any local lawyer on this website
Senior citizens Tribunal will hear the cases of senior citizens grievances and can pass orders accordingly, but your matter is already before a civil court and already decided, the follow up action is to be made through that court only
You can file a contempt of court case if he is violating or defying court order
Your cases have already been decided or pending in the court hence any action taken outside the court will hamper your case.
Fight the cases properly in the court so that you don't miss out any important proceeding that may turn adverse to your case.
Your anxiety should not spoil your own case.