My father was having cbi case referred to disctict court regarding proportionate property mainly in name of his spouse (my mother) since 1992. The judgement which came after 24 years in 2016 was not in his favour. On bail he further went to High court and no date or judgement received till date.Few days back at the age of 70 he died due to sudden cancer. 1. Kindly advise whether property in name of mother mainly as house is free from legal litigation and she can sell house or she need to fight further same case. 2. What steps need to be taken to get rid from above
1) it is necessary to peruse judgment passed by district court to advice
2) whether property of your father had been attached or any stay restraining sale of property
3) if no stay orders passed mother can sell the property
4) your mother should continue the case
1. In criminal case the proeprty unless attached by court is free from litigation always. So even of your father was alive then also there was no restraint to sell the proeprty unless it was under seizure by curt.
2. if it is under seizure or attachment of court then the criminal case abates and on abatement once the proeprty is released you can sell the property.
3. So apply to court for necessary reliefs.
CBI registered case for misappropriation and over and extra property to my father for above.
Your mother should continue fighting the case
The court in its discretion may either release the proeprty or keep it confiscated eve if the case abates.
With out perusing the judgement, no one can say correct answer. After the death of father his legal heirs become the absolute owners of the property.
1. Kindly advise whether property in name of mother mainly as house is free from legal litigation and she can sell house or she need to fight further same case.
The property infavour of your mothers can sell any time .
2. What steps need to be taken to get rid from above
Contest the case . After the death of father criminal case will windup.
1. She will have to fight further, after the death of your father she will step into the shoes pf your father as it is.
2. Press the appeal in the HC
All the criminal action against your father will be dropped but the civil dispute with regards to the property will continue.
Share the judgement of the court and the content of appeal so that appropriate advice can be rendered.
Regards
1. It seems that your father was tried for an offence under Prevention of Corruption Act.
2. On the demise of your father his property has devolved through succession on his legal heirs i.e widow and children equally. If the property has not been attached then you are free to sell it.
If you have got the notices of the appeal in high court then you should wait for the high court to dispose off the matter. If not, then you can go ahead.
If the house property is not in the case as you have mentioned she can sell the property sighting a valid reason to the court.
In misappropriation your ancestral properties can not be included. if does so you can always prove your case.
Hi, if there is no stay that has been granted by court over the property, your mother can sell the property..
Dear Client,
Since the trial court already found ur father guilty, under such situation, state may move application for attachment of property,
What findings were given regarding the misappropriate properties, any stay in High Court
In one the recent judgment of Hon`ble Supreme Court, it is held no attachment of property is possible against dead person, but in that matter, case was under trial but ur father was convicted -
First of all file an application in the court annexing death certificate, proceedings will be withdrawn.
AND if any action initiate by govt., seek remedy referring this judgement below. -
Attachment proceedings against an accused who died during pendency of trial impossible: SC [Read Judgment]...
Read more at: http://www.livelaw.in/attachment-proceedings-against-an-accused-who-died-during-pendency-of-trial-impossible-sc/
This is a disproportionate of assets case filed by the CBI or misappropriation of funds case and whether this property was mentioned as schedule in the case wherein your father was convicted ?
If it is a DA case then this property will be dealt with as per court order in this regard.
Whatever you must furnish the details of the judgment in this regard so that a proper opinion can be rendered.
In any case it is advisable that no hasty steps be taken in haste in this regard before the appeal preferred before the high court is disposed.
CBI registered case for misappropriation and over and extra property to my father for above.
If this property was shown as the property acquired which disproportionate asset to the known sources of income, then selling of this property may be illegal and it will create more trouble to your mother.
Better wait for the result of the appeal pending before high court and then decide further course of legal action in this regard.