Dear Legal Experts,
I have so far been asking advice with regard to the illegal revocation of Gift Deed. With the advise of all your valuable panel's expert, this matter has come to this level (I will be getting Interim Award in due course and awaiting to take criminal actions once I get the Order). I would like to brief the developments as follows and want to take criminal action once I get the interim order.
1. In the year 2003, within two days of registering the Gift Deed, I along with my family went abroad. All the original documents including parental documents were received by in-laws and kept with them. The Gift Deed was registered on my wife's name (my in-laws elder daughter). Considering the sacred relationship as 'Mother & Father' my wife has appointed her parents to maintain the property documents including changing the name in the revenue records. However, whenever we inquired about the status of the documents, they have avoided and even whenever we asked for the original registered documents, they refused to handover. Following this, in the year 2007 they (my in-laws) demanded to return back the property (since the value of the property has been increased many folds). In view of this, my wife has again transferred the property to her 4 minor children (now one major), me as natural guardian under a Settlement Deed. Again, we went abroad. In the year 2008, my in-laws cancelled the Gift Deed Made in 2003 unilaterally without the consent of the Donee and without any Directives of the Court. Again, in 2013, my in-laws made one more settlement to their 2nd Son. Now my question are:
(1) Since they kept our original registered documents and never returned whenever we have demanded what course of criminal action can I take now? I want them (my in-laws and their 2nd son) to return back the original documents (made in 2003 along with parental documents). As this is a clear case of criminal breach of trust, in which section, I can book them (even though I am awaiting to get the interim order).
(2) When the Caveat is in motion and O.S./I.A. application was filed in the District Munisff Court, (copies sent to them) they have constructed a small wall to put the EB connection without taking approval from the Court. Note: The EB connection was stopped on my protest and I have demolished the construction of small wall yesterday as per the advise of my counsel. What criminal action Can I take since they tress-passed my property?
(3) Since, we went to Court, aggrieving by that, we are receiving threats from them (mother-in-law who is aged 65+ years, her first and 2nd son). However, we have not recorded tel conversations. What action can I take now due to this threat?
(4) Also, they are spearheading false accusations particularly against me and my family members and making character assassinations among relatives, friends, etc. I would like to initiate 'Defamation Case' against this. What are all the procedures?
(5) So far, only they have received one counsel's notice that too not by the Doner. The notice was received by the 2nd son's wife of the Doner. The Court's papers like Caveat, Bayliff's copy, etc. are returned as 'Refused'.
(6) Now, the parties have shifted their residence from Salem to Chennai. How the future communications be sent to them? We do not know their present change of address, etc.
I request the Expert's Panel to advise on the above and thanking all in the mean time. Further, I am happy to inform all the panel members, that I have become half advocate just going through the advise of the forums's experts. I sincerely thank all of them.
Asked in Criminal Law from Chennai, Tamil Nadu
1. You may file a case of theft. Alternatively you may file a law suit for return of the relevant documents having regard to the nature of documents.
2. If they have trespassed into your property then prosecute them for trespass. Go along with the advice of your counsel. He is better placed than any of us to advice you as he has had the privilege of perusing all the documents related to your case.
3. File a police complaint if you are receiving threats.
4. The procedure is to pay the legal fee of your lawyer and sign the vakalatnama in his favour, whereafter he will institute file a case of defamation. If necessary, a lawyer's notice may precede institution of the case.
5. The documents can be sent again in accordance with law. Consult your lawyer.
6. Your lawyer alone is in a position to answer this question as the procedure is variant on the basis of facts of the case and the nature of communications.