• We have info on who did it - heritage problem of tremendous proportions!

We spoke to you before not long ago over our farm (one we intended to inherit in Europe) which was lost by the dead person (a parent) before he died. And we were not informed or heard of that until after his death. 
What could we do? 
Today we heard a rumour on what happened. 
A person from the Ukraine (possible to identify) told the dead to not own the farm at his death. Encouraged such a thing because someone mentioned him in a book in Sweden. Such a catastrophy! 
And the dead listened to that. The fool!
We had not heard of such a man being a friend. We don’t see the connection at all. 
The dead gave the farm to a close relative of us, not of the dead. But the dead was a pretend mother to that person when that person was a child. That person and I (one of us) had the same father. That father had a family before us and never co-owned that farm. To clearify: did not co-own even after there was a new family with us, but we lived there. There is a prenup document on that (not co-owning). That document was meant to protect our heritage. And the value of the farm. 
Can we use that to sue? Where? How? Will it be costly? 
We hope you reply. We are devastated.
Let us know what to do now! Please! 

//Jane Jarmo
Asked 4 years ago in Criminal Law
Religion: Christian

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

In India, prenuptial agreements are neither legal, nor valid under the marriage laws because they do not consider marriage as a contract

 

litigation is long drawn and expensive proposition in India 

 

contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99896 Answers
8153 Consultations

In the website you have only lawyers practising in India 

 

2) lawyer in Brussels can be contacted for filing case in Brussels 

 

3) you can seek official translation of documents in Brussels 

Ajay Sethi
Advocate, Mumbai
99896 Answers
8153 Consultations

Legal proceedings have to be initiated by you where offence has been committed

 

if any property is involved civil proceedings have to be filed where property is situated 

Ajay Sethi
Advocate, Mumbai
99896 Answers
8153 Consultations

If you have documentary support to establish your claim over the heritage property, you can very well go ahead through a local attorney, by first issuing a notice to claim your rights in the farm lands that belonged to your parents and the claim is made as his/her successors in interest to succeed to the estates left behind by the deceased in that capacity.

 

T Kalaiselvan
Advocate, Vellore
90096 Answers
2503 Consultations

You cannot sue the infiltrators or culprits in India because no cause of action has taken place in India.

Since the property is situated in Sweden and your claim is also pertains to the property situated in Sweden, you may have to file a suit in Sweden only.

 

T Kalaiselvan
Advocate, Vellore
90096 Answers
2503 Consultations

Since the property is situated in Sweden, in my opinion a lawyer from Brussels, Belgium may not be allowed to handle this case at Sweden until the Sweden country laws allow the lawyer from Brussels to conduct the case in Sweden.

You may implead that woman in the proposed suit and also file an application along with the suit for restraining her from spreading false rumours or defamatory messages in this regard and also to not to interfere in your affairs in this connection.

 

T Kalaiselvan
Advocate, Vellore
90096 Answers
2503 Consultations

Whether the dead person was in Russia at the time of his death or in Sweden or in Brussels?

You first ascertain the facts and then decide about filing the desired suit in the place where it would be appropriate and not in a wrong place.

 

T Kalaiselvan
Advocate, Vellore
90096 Answers
2503 Consultations

What has Russians to do with the whole dispute 

 

Ajay Sethi
Advocate, Mumbai
99896 Answers
8153 Consultations

Dear Sir/Ma'am, 

1. if you have a registered document which states your share/claim over the said property, approach a local attorney for further procedures. You can send a notice (legal) to the opposite parties claiming your rights over the property. 

2. you can sue anybody only in the place where the said action has taken place. the property is situated in Sweden, therefore the cause of action lies there.  

3. it is better to approach a lawyer from Sweden itself or Brussels. 

Thank You

  • For further assistance, you can book a consultation with me.

 

Anik Miu
Advocate, Bangalore
11025 Answers
125 Consultations

- That dead person only can inherited his legal heirs , if you are from that branches then can sue for getting that farm

- The jurisdiction for filing the suit , will be the place where that property is located , or that person died. 

- As per my view , you will have to bear court fee for getting the possession of that farm.

- However , you query is not clear to give a better reply. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer