Whether an AC court has powers to withdraw its order when there is fraud played upon it
1. The property was in the name of my mother ( fickle minded). I have one ex-brother , who has been gifted away on adoption. He stays separately. Adoption deed registered also.
2. Even when The property is in my mothers name, it is family property. Purchased by my late father, to be family property. There are a lot of evidence for that. Father died intestate. Legally, She is not absolute owner, but property is in her name.
3. That ex brother got , a gift deed done, in his favour, when my mother stayed at his house for some time, and got it registered also instantly, by use of force and threats.
4. I am the only son and 2 sisters are there. I reside in the property. Sisters come and reside and go.
5. Hiding his gift deed, that ex brother, put up a forged petition in my mothers name, with false contents, that she is the owner; senior citizen, she is without a paisa, ( when she has huge money in her bank accounts, from my father , she draws hefty family pension,) etc etc. I am mentally unsound etc, even when I am a reputed personality having authored many books, and a successful professional , .that I should be evicted instantly etc..
6. That petition came up before AC court, I see he has powers to evict .
7. Luckily, my relatives came up, running and wanted to see that the petition is closed as false.
8. Meanwhile, my mother, gave a 2 year extension for me to continue residence, to save the situation. That letter was produced before AC court.
9. That AC court, did not apply its mind at all, asked me to vacate after 2 years. Took an undertaking from me. My mother knowing well that, it is false case, sat silently in his court, at the instance of my ex brother.
Games of setting were played by my ex brother.
10. Now, I see, she is not entitled to put a petition before that AC court, at all since she is not the owner.
The AC court could not see into the veracity of the petition that it is fraud upon his court. &
is full of false statements etc.
11. As per that Senior Citizen Act, no right to appeal with DC court is given to children. The appeal lies with writ with HC only.
12. Now , I want to know, whether, the AC court can recall its order, on knowing that a fraud has been played upon it ? that it is not a senior citizen issue at all :
or my appeal to set aside the AC court order, lies with HC
APPLY YOUR KIND MIND for a reply
Asked 6 months ago in Property Law from mysore, Karnataka
pl see. the knowledge of an existence of gift deed in fav. of my ex brother, came to me 3 days back only.
i did not know at the time of AC court hearing, in 2017, in senior citizen forum.
so the question of me appraising the AC of presence of gift deed does not arise you see. frank enough.
2. That gift deed, is full of false content that he is son to my parents. in fact he is gifted away. no longer a survivor for our family. civil death they say. adoption deed duly regd.
gift deed says, he spent huge money on my father., which is why gifted etc. 100 % false. he did not spend at all.
3. here the problem is, my ex brother, has a grip / undue influence over my mother ( fickle minded ).
4. now, based on the petition in senior citizen forum ( 2017 ), ( abuse of legal process) when my mother is not really owner, moved in my mothers name, by my ex brother, who forged her signature, i had to give an undertaking to vacate after 2 years. that is due in june 2019.
5. now, can i put an application in AC court, that she had no capacity to put up a petition in AC court; her signature forged etc.: false content etc,
and pray for cancellation of his order and my undertaking ?
6. my ex-brother had to move a civil suit against me etc.
pl apply your kind mind..
Asked 6 months ago