• Property stolen and now on the terrace without electricity

My father-in-law went to the UK in 2000 after selling our house (and after giving me and my husband, a contractual agreement and a Will in our favor) and set up a Company 'A' in the UK. The Company 'A' entered a contract with a major UK company 'B'. All the revenue from the company 'B' to 'A' was stolen by my brother in law (UK resident) in his personal Account. My father-in-law sensed something was wrong and before he could do anything he died suddenly in 2002. My brother-in-law lied to us and said nothing was left by my father-in-law to us. At the same time (to keep us quiet) he used some of that stolen money to buy a property in Gurgaon in his name where I and my husband moved in immediately in 2002 with the assurance it would be mutated to my husband’s name soon. It never was. In 2010 my husband died and soon after my brother-in-law died too.

I filed for an injunction at Gurgaon Court as I was being harassed by my UK based sister in law to leave my home of 12 years - and to prove that her husband had paid for the property from transfer from his UK Account she submitted personal Bank statements to the court.

But all those Bank Statements showed deposits from Company 'B'; that were paid to Company 'A' pursuant to the contract between them and taken fraudulently by my brother-in-law in his personal Account to purchase the property.

I also have confirmation of proofs from the UK authorities that confirm that my brother-in-law admitted to this huge fraud in signed statements. I have all the document proof streamlined and verified also.

I want to file a criminal complaint and also secure my home of 12 years as I have nothing. The total sum of money stolen is very substantial . We live on the terrace of our house in a make-shift room without electricity, and nobody is getting us help unless a judgment decrees so as to provide us with a service meter. In all seriousness please call us as we need assistance.
Asked 2 years ago in Civil Law from Gurgaon, Haryana
1) cause of action has  arisen  in UK . 

2) contract between A and B was entered into in UK . misappropriation of funds done in UK . criminal complaint if any has to be filed in UK . 

3)suit  will have to be filed by company A against legal heirs of brother in law for recovery of funds misappropriated by brother in law
Ajay Sethi
Advocate, Mumbai
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electricity provider wont provide you electricity meter without the consent of the owner of the premises . you will have to make an application to court to direct electricity service provider to supply you electricity meter pending hearing and final disposal of the suit
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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Any complaint or suit if any is to be filed before the UK Courts since the cause of action has arisen in UK. further, all the evidence is also in UK. However since you have been living in this apartment with the consent of your brother in law, then u may file a complaint of cheating against them. do u have any document related to the house in your name? anything at all??

with regard to electricity, you will have to get an order from the court to install an electricity meter and that can be done on the consent of the owner.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
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1. Your claim is that fund from the Company of your father in law was fraudulently transferred to your brother in law's account by him,

2. The said act took place in the U.K.,

3. You shall have to claim yous share of the said defrauded amount after proving your said allegation,

4. How can you prove that your said brother in law purchased the house in Gurgaon and not from his other source of income?

5. How can it be that the property has been purchased in his name and you expect that it will be muuated in your name with out any conveyance of tittle?

6. You can file a criminal complaint at U.K. based on the law of U.K.
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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1. The house belongs to your sister in law since she is the only legal heir of your brther in law (considering that they have no children),

2. You shall have to prove that your brother in law had misappropriated fund from your father in law's business which he never complainwed during his life time and only after your said allegation is proved, you can demand share of the said misappropriated fund,

3. You still have a ray of hope. You can lay claim of ownership of the occupied area of the house throug adverse possession since you are occupying the said area for more than 12 years,

4. Contact a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. The crux of your grievance is that your brother-in-law did not honour his promise of mutating in your and your husband's favour the house which, according to you, had been purchased by him by misappropriating the amount from Company A.

2. If misappropriation had taken place in UK he could not have been prosecuted in India. He had to be prosecuted under the laws existing in UK. 

3. It also needs to be mentioned that the order which the court in UK may have passed in the criminal proceedings launched against him in UK  could not bind the courts in India. The court in Gurgaon to which you have applied for injunction has to arrive at its own finding irrespective of the outcome of any criminal proceeding against your brother-in-law. However, this is surely a foregone remedy now as a dead person cannot be prosecuted.

4. After the demise of your brother-in-law his wife and children have succeeded to the property through natural succession.  It is not clear to me as to what is the nature of injunction you have sought. You could not have sought any injunction against your sister-in-law in view of the fact that she is now the owner of the house. 

5. The courts do not enforce oral promises. How will you prove that your deceased brother-in-law had promised to convey the title to you? Furthermore, even if it is proved that the property in Gurgaon was purchased through money that was stolen by your deceased brother-in-law from Company A which your father-in-law formed in UK, you cannot get the ownership of the property as it is a stolen property. Company A is at liberty to take out proceedings to recover the stolen money and also to attach the Gurgaon house which has been purchased from the money misappropriated from its accounts. A company has an identity distinct and separate from the persons who form it. These are the facets of your case which require a serious consideration. When judged in the backdrop of these facets, I am of the view that your action for injunction is misconceived in law.

6. Coming to the question of electricity, you cannot be given an electricity connection as you are residing in a property of which you are not the owner. You have to inevitably wait till the outcome of the decision of the court.

7. You have been residing in the property of your deceased brother-in-law despite not being its owner. The entire foundation of your stay in the house is an oral promise made by your brother-in-law. Legally speaking, your sister-in-law can launch criminal proceedings against you and your son in India for unauthorized occupation of the house now owned by her. It may also be mentioned that if the outcome of the injunction case is adverse to you, your sister-in-law may apply to and be granted by the court compensation against you. 

8. Have a relook at your legal strategy, may be you will find a more efficacious legal remedy.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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In your first query you stated that you filed for injunction, whereas in the second query you talk of the pendency of an appeal. Has the lower court delivered its judgment? If no, how did the appeal came to be filed during the pendency of the suit?
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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