I was adopted by my aunty when my parents passed away and took all my parent's gold and operated the bank account of my parents and minor accounts without my consent. however, my father gave half of the property just to look after us also they were receiving rent of my house for my expenses, and my aunty and her son abused me a lot but there was no one to listen to me I was 12-14 yrs old. now I am 23 and my aunt passed away and her son refused to give all my Parents Gold, Marksheet, documents like adharcard, Pan card, and Passport (because it has the address of his home so he has demanded that I should give him writing on stamp paper that I will can my address which I also ready from my side), etc. and kick me out of his house also, her (son) rented our house without an agreement for 1 year and never paid maintenance and now he is continuous harassing me that he will not pay me rent and deposit which he has taken from my tenant. Also, he claims that he has thrown my belongings out of his house. what should I do (also my father has mentioned in a letter to hire a lawyer for documents after his death) but know such has happened also they are not my legal guardian. The letter written by my father is on normal paper which has the signature of a society member and a few more people including my aunt. Please help what should i do.
There is no formal adoption done by your aunty
no giving and taking ceremony , no deed of adoption was executed
3)you have no rights on aunty property
4)if your biological parents left any property apply for letters of administration from Bombay high court
5) apply to society to transfer flat in your name
You consult a local experienced lawyer and discuss the matter deeply at length.
You chalk out the plans about what you have to demand from him and what next if he refuses etc., properly
After that you initiate proper legal action as per law by first sending him a legal notice demanding all your dues from him.
U can claim for ur right... Dun worry.. U will get ur things... Back..
U can contact us on [deleted]
1. To get back the familu heirloom and documents you should file a case u/s 406 IPC.
2. For property first take physical possession and then file suit for declaration.
3. If taking physical possession is not possible then add relief of recovery of possession as well in the suit.
4. If you were validly adopted then file partition suit to claim half share of your aunt.
You need to consult a lawyer who is extremely expert in Society, Property and Criminal case to deal your matter.
First send him a legal notice through a lawyer challenging the above facts. Then you can approach court with appropriate proceedings
A criminal complaint against him must be filed for forgery cheating criminal breach of trust. A civil suit for succession certificate must be filed.
The gold is a moveable asset. So it may be taken away by the aunt without any reference to anybody
But I do not understand how she was operating the bank account?
Was she operating the account which was in the name of your father or in joint names of your parents?
Was the aunt appointed as a nominee of that account?
Did your father transfer half his property under a registered transfer deed in favour of your aunt?
If the aunt or his son were made only half owner then how could they rent the entire house?
I assume it is an ownership flat in society
The facts given by you in your query are incomplete and vague
In order to reclaim the property and other assets you will have to file a suit against the son of your aunt
If it's your claim that the flat is yours after your parents demise and that the rent and deposit are not paid to you, this too needs to be claimed in a civil suit as above
And what kind of documents are mentioned in your father's letter
Your entire query is bereft of essential facts and just too vague
You need to elaborate so that a proper response or atleast something near thereto as possible can be given to enable you to decide the next course of action
Presently my reply will be a limited one given the incomplete facts provided
If you have any support to prove your allegations then you have to approach to the nearest police station and file a complaint against the person who is harassing you so far as your properties are concerned you have to take position of the property immediately and if any property is is imposition of the person without any documentation you can evict him directly otherwise you can file eviction suit district court.
Please note that the properties which are in your ownership the rental lease agreement can be signed by only you if the person is not authorised by power of attorney.
Dear Sir/Madam,
You are suggested to file the police complaint as well as serve a legal notice and then file the case in the court.
Dear Client,
You may send him a legal Notice regarding the same. You may also register FIR against him.
You must file a case for Partition being the adopted son. You have equal right in the property of your parents who adopted you.
Approch court to recover everything and possesion of property.
First try by filing FIR. Hire local lawyer for effective measure and support.
You should lodge FIR against your cousin for taking illegal possession of your documents and renting your property without your consent and taken deposits on your behalf without your consent.
- In the absence of any legal proof of adoption , you are not legally adopted by the said aunt , and the natural guardian remains your parents
- Further , after the death of your parents , his property would be devolved upon his legal heir including you.
- Firstly lodge a complaint against her son for harassment and destroying your life after trespassing in your property
- if police not lodge an FIR against him then approach higher police official for the same.
- Further send a legal notice to him to evict the property , and to the said tenant to pay you rent .
- If no response , then take help from a local lawyer for filing a case before the court.
you can file complaint against him .
As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.
Sec 368 of Indian Penal Code talks about extortion by the threatening to file a legal suit. The minimum punishment under this act is 2 two years.
File a complaint against him for 420,406IPC. He will give anything
Q: I do not understand how she was operating the bank account? A: The bank account of father had nominee of mother however mother died prior to dad so they changed nominee to Aunt also they had done the fake sign of me on the application letter to claim money Q: Did your father transfer half his property under a registered transfer deed in favor of your aunt? A: No Q: If the aunt or his son were made only half owner then how could they rent the entire house? A: Yes they were renting the flat for 17 years without my Signature I had once asked them why couldn't, i sign the agreement so they told me that my name is not on the agreement so I cant sign.Q Q: What kind of documents are mentioned in your father's letter A: He didn't specify every document but he was talking about FDs and Postoffice saving card Sec 368 of Indian Penal Code ? is this valid for the above case? 420,406IPC ? do i need to file complaint under this section and what if policeman doesnt listen or do i need lawyer for these ? I had already file NCR should i file new complaint or should i file new FIR complaint?
Better file FIR.
Section 368: Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains.
First of all you don't go behind the sections of law, instead you neatly draft a complaint covering all your grievances, the police will take care of appropriate sections that may be included as per the contents of the complaint.
You can pursue the NCR already filed and convert it into criminal complaint to enable the police to register FIR.
File FIR for cheating , criminal breach of trust, fabrication of documents
2) if police refuse to lodge file private complaint before magistrate under section 156(3) of cr pc
We have already advised and answered your questions in the last Session. Your matter is not fit for chitchat on the post.The documents needs to be reviewed minutely in your matters.
Please appoint fit and knowledgeable Advocates who may attend your matter seriously and resolve it.
You can challenge all the aforesaid facts in court once you file a case.
If you can prove that she has extorted money by puting anyone into fear of death then it's possible to invoke 386 IPC
1. If your aunt was a nominee , then she can take amount from the bank, but cannot use the same without distributing the legal heirs of your father .
- You can lodge a complaint before the bank for the said permission .
2. Yes, she can lodge a compliant under the given offence and sections .
- Since a complaint already has been filed , then if no response , lodge the said compliant before the higher police official .
- If no result , then file a compliant before the magistrate with the help of any local lawyer .
You can file FIR against them for taking rent without your signature and NOC and operating bank account as well.
you can file complaint u/s [deleted] against them.
Go for FIR
1. You should just mention the details of acts your cousin and aunt were doing against you such as using your forged signatures, renting your property without your consent not returing your documents etc.
2. Police will themself file FIR under sections which they find as per complaint.
3. If policemen doesn't listen to you then you can approach DSP or SP of your district with your complaint.
If the police are not ready to register the fir then file a complaint against them before a magistrate.
Dear Sir/Madam,
You are suggested to file the FIR and if the same is not registered by the police then file the case in the court under section 156(3) for direction to police for registration of FIR.