file suit to set aside sale of property by aunt as it was done to defraud creditors

2)make purchaser party to suit

3) in same court you have to file protest petition before magistrate to direct further investigation

4) no PIL can be filed regarding declaration given to bank

5) you have already filed case of cheating against them

Court Cannot Attach Sold Properties.

FIR can’t be transferred. However, you can request for transfer of investigation from that PS to some other Unit for example DIU, Crime. Special Cell etc. Application for request has to be made either through Higher Authorities or through the Court..

Sir if there was no stay by court on there asset the sale is valid but further now after the decree the court can attach the remaining assets bank accounts. The court can give notice for identifying the assets to collector for the attachment if you donot have details of there assets. Further if no assets they can be arrested and sent to civil prison.

Further in criminal case file an application for re investigation and challenging the B report.

Also PIL cannot be filed this is a criminal offence and plus a civil suit also can be filed but concern individual not public at large so no PIL

Hi

1) You should file a protest petition on the B Report filed by police in the court in which you filed a criminal case(private complaint). Going by what is mentioned by you the judge will reject the B report filed by police and will take cognizance of the offences(420, 416 and 417) and will issue summons to the accused(Aunt) directly.

2) For attachment of properties, all you need to provide is the address of the property. Please take an encumbrance certificate (till the date on which the property was in your aunt's name) and file an execution petition.

Since your aunt is the judgment debtor in the said decree, she cannot be transferring the properties when the suits are pending.

3) You can also apply for cancellation of sale deed/ or implead the buyer in the execution petition as it is apparent in face of law that the sale was done only to avoid execution (attachment). Please refer to Rule 102 of Order 21 CPC which will be of immense help to you . Rule 102 of Order 21 CPC will help you to implead the party and also attach the property as a transferee from a judgment-debtor is presumed to be aware of the proceedings before a court of law.

4) It appears that your aunt has done multiple fraud and forgeries. Better to meet the Superintendent of Police and file multiple complaints of forgery (POA), false declaration as legal heir etc.

Hope this information is useful.

Dear Sir,

The Supreme Court recently reiterated the principle that all assets in a Hindu Undivided Family would be presumed to be joint property belonging to all its members and that the burden to prove otherwise is on the family member asserting such claim.

As such the joint accounts of husband and wife can be attached in satisfaction of a decree.

My other answers are as follows:

The Police has filed B report after 1 yr. even after submitting all documentary evidence .

They haven't submitted the evidences yet to the court.

Can I transfer the F.I.R in a different police Station in same district for re-investegation ?

Ans: You can seek any direction as above by filing 482 petition before the High Court and it has vast powers.

Is there any way a PIL can be filed against the 2 accused as they have given false declaration to a nationalised bank stating them as a only legal heir left in the family?

Ans: No, you can file only compliant with police or private complaint with Magistrate.

They have made a false registered will surpassing the fact of the only legal heir as my father was heavy diabetic .

Ans: It is an act of cheating, you may get it cancelled and also lodge police complaint.

They have also tried to sell my house in village using False POA which They have fraudulently sign in 2013.

Ans: you may restrain them from selling by seeking interim injunction order and also seek cancellation POA.

I don't have the copy of that POA but I have the copy of the Police Complain (not FIR) which I did after knowing this along with the Public Notice to revoke POA.

Ans: Yes, it is sufficient proof to say that POA was executed with malafide intention.

Please share ways to bring trouble in their way.

Ans: You may take civil and criminal actions against them. And you can take attachment of property on the first day of filing suit as follows:

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CIVIL PROCEDURE CODE

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ORDER XXXVIII : ARREST AND ATTACHMENT BEFORE JUDGEMENT

Arrest before judgement

1. Where defendant may be called upon to furnish security for appearance

Where at any stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) to (d), the Court is satisfied, by affidavit or otherwise,-

(a) that the defendant, with intent to delay the plaintiff, or to avoid any process of the Court or to obstruct or delay the execution of any decree that may be passed against him,-

(i) has absconded or left the local limits of the jurisdiction of the Court, or

(ii) is about to abscond or leave the local limits of the jurisdiction of the Court, or

(iii) has disposed of or removed from the local limit soft the jurisdiction of the Court his property or any part thereof, or

(b) that the defendant is About to leave 9[India] under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree that may be passed against the defendant in the suit,

the Court may issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not furnish security for his appearance

Provided that the defendant shall not be arrested if he pays to the officer entrusted with the execution of the warrant any sum specified in the warrant as sufficient to satisfy the plaintiffs claim; and such sum shall be held in deposit by the Court until: the suit is disposed of or until the further order of the Court.

2. Security

(1) Where the defendant fails to show such cause the Court shall order him either to deposit in Court money or other property sufficient answer the claim against him, or to furnish security for his appearance at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against him in the suit, or make such order as it thinks fit in regard to the sum which may have paid by the defendant under the proviso to the last preceding rule.

(2) Every surety for the appearance of a defendant shall bind himself, in default of such appearance, to pay any sum of money which the defendant may be ordered to pay in the suit.

3. Procedure on application by surety to be discharged

(1) A surety for the appearance of a defendant may at any time apply to the Court in which he became such surety to be discharged from his obligation.

(2) On such application being made, the Court shall summon the defendant to appear or, if it thinks fit may issue a warrant for his arrest in the first instance.

(3) On the appearance of the defendant in pursuance of the summons or warrant, or on his voluntary surrender, the Court shall direct the surety to be discharged from his obligation, and shall call upon the defendant to find fresh security.

4. Procedure Where defendant fails to furnish security or find fresh security

Where the defendant fails to comply with any order under rule 2 or rule 3, the Court may commit him to the civil prison until the decision of the suit or, where a decree is passed a against the defendant, until the decree has been satisfied :

Provided that no person shall be detained in prison under this rule in any case for a longer period than six months, nor for a longer period than six weeks when the amount or value of the subject-matter of the suit does not exceed fifty rupees :

Provided also that no person shall be detained in prison under this rule after he has complied with such order.

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

(1) Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the Court, the Court may order that the property specified, or such portion thereof as appears sufficient to satisfy any decree which may be passed in the suit, be attached.

(2) Where the defendant shows such cause or furnishes the required security, and the property specified or any portion of it has been attached, the Court shall order the attachment to be withdrawn, or make such other order as it thinks fit.

7. Mode of making attachment

Save as otherwise expressly provided, the attachment shall be made in the manner provided for the attachment of property in execution of a decree.

11[8. Adjudication of claim to property attached before judgement

Where any claim is preferred to property attached before judgement, such claim shall be adjudicated upon in the manner hereinbefore provided for the adjudication of claims to property attached in execution of a decree for the payment of money.)

9. Removal of attachment when security furnished or suit dismissed

Where an order is made for attachment before judgement, the Court shall order the attachment to be withdrawn when the defendant furnishes the security required, together with security for the cost of the attachment, or when the suit is dismissed.

10. Attachment before judgement not to affect rights of strangers, nor bar decree -holder from applying for sale

Attachment before judgement shall not affect the rights, existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying for the sale of the property under attachment in execution of such decree.

11. Property attached before judgement not to be re-attached in execution of decree

Where property is under attachment by virtue of the provisions of this order and a decree is subsequently passed in favour of the plaintiff, it shall not be necessary upon. an application for execution of such decree to apply, for a re-attachment of the property.

12[11A. Provisions applicable to attachment

(1) The provisions of this Code applicable to an attachment made in execution of a decree shall so far as may be, apply to an attachment made before judgement which continues after the judgement by virtue of the provisions of rule 11.

(2) An attachment made before judgement in a suit which is dismissed for default shall not become revived merely by reason of the fact that the order for the dismissal, of the suit for default has been set aside and the suit has been restored.]

12. Agriculture produce not attachable before judgement

Nothing in this order shall be deemed to authorise the plaintiff to apply for the attachment of any agriculture produce in the possession of an agriculturist, or to empower the Court to order the attachment or production of such produce.

13[13. Small Cause Court not to attach immovable property

Nothing in this order shall be deemed to empower any Court of Small Causes to make an order for the attachment of immovable property.]

For recovery of amount only the existing property can be attached, you cannot file application for a property which is not in her name.

You cannot transfer FIR, but once the police is filing their report and if you feel that ir is not properly investigated, you may file a Petition under section173(8)cr.p.c. for reinvestigation through APP.

PIL is not maintainable for such issues.

Since the matter is before court you may follow it properly through court itself.