Partition suit, recovery or any other civil/criminal proceedings
Dear Sir,
Below is my query:
What are my legal options - Civil and/or Criminal?
TOPIC:
My father expired in 1987 and during life time purchased one house property in the name of my mother in the year 1978. The source of funds for purchase are unknown. My father expired leaving behind - Wife and four children as legal heirs (I am one child).
After death of my father, we have purchased one more property in 1992 in the name of mother again. Some funds contributed by maternal grandfather & maternal uncles and some funds from selling another property which was in the name of father.
Overall one property was purchased (1978) during my father's life time and another property after his death (1992) - both in my mother's name. Mother is uneducated & unemployed during her life time.
In 2016, one of the child has issues with her husband and filed matrimonial petitions and police complaints under 498A & Bigamy.
My family members have requested me to take care of civil & criminal proceedings. I have invested my time, money and efforts in filing and defending the cases since 2016. I have records. The cases were filed/contested in Australia as well as India. I have invested time, money and efforts out of trust. The monetary value will include around INR Fifty Lakhs. I have records as evidence.
The property purchased in 1978 was subject to government acquisition to build double bed room houses in that area. The government has sent notice to acquire the property. Again family members requested to care care of legal proceedings. I defended the matter before MRO/RDO/Collector and even I obtained two Hon'ble High Court Stay orders and protected the property. Now the government has completed double bedroom houses and the value of the property is more than 1 Crore (previously it was slum area and was valued 10 Lakhs). I have invested time, money and efforts and solely responsible for protecting the property. I have records as evidence.
The other property which has been purchased in 1992 values more than 1 Crore.
I have been taking care of Mother since 2000, as she was dependent on me (other siblings left to USA & Australia for living). Most of the Mother's expenses were from my pocket since 20 years.
Now the intention of the family members, i.e., Mother and other three siblings have changed and they want to share the properties among themselves and they deny my legal rights/claims. Mother supports the other three siblings I have no other option except Civil or/and Criminal Proceedings.
Out of worry, I suffered recent heart attack. I incurred financial loss and presently in debts, due to investments made for benefit of family members. Now they are not recognizing my time, money & efforts. I have no other assets.
I fear they might do transfer of property including will, gift, sale, GPA or any other mode of transfer of property.
Request your kindness to provide me options both civil & criminal.
Asked 2 years ago in Property Law
Religion: Hindu
Hi Sir,
Your advice is greatly appreciated.
Are there any Criminal Proceedings which I can initiate like breach of trust or cheating or any other?
Asked 2 years ago
Hi Sir - T Kalaiselvan
I respect you a lot. But you have misunderstood my question. "I never invested in purchase of property"
1. I never invested in PURCHASE of properties
2. Yesterday I found one email, in which the elder family member has acknowledged that he will reimburse all the expenses spent by me.
Request your kindness to REVIEW my question again and provide me suitable answers.
Whether Partition is maintainable?
Whether Recovery Suit is maintainable?
Whether any Criminal Proceedings like breach of trust, cheating....possible?
Regards
Asked 2 years ago
Hi Sir - Yousuf Rampurawala
I greatly appreciate your PERSONAL OPINION.
Every lawyer have their own perspective & opinion and I respect them.
The material facts will be decided by Hon'ble Judge at the stage of EVIDENCE & ARGUMENTS stage.
INITIALLY I have every right to file - Partition Suit and Recovery Suit & rest will be decided at evidence stage.
Sir (Yousuf Rampurawala) below are my questions to you:
1. What if I prove both the properties are purchased by selling ancestral properties and bought in the mother name for the benefit of joint family? - I have evidences
2. What if I prove that all the other family members have promised to reimburse all the expenses incurred by me? - I have evidences
Further when the properties were sold & purchased, I was minor (aged 8 years) & I am not party to transactions.
As you said, maintaining mother is moral obligation. I point out that as per HINDU LAW, if I have fulfilled moral obligation I have right in ancestral properties. There are Supreme Court Judgements on this issue. Do you agree?
Finally, initiating malicious and frivolous litigation will apply to them as well since they have wrongly filed civil and criminal cases against the family's son-in-law.
Kindly request you (Yousuf Rampurawala) to answer the above mentioned 1 & 2 questions.
Asked 2 years ago
Respected Lawyers,
I greatly appreciate your valuable advises.
I have reliably learnt (from local agent) that they are trying for sale of one property. I would be proceeding legally (civil matter) as advised above by Senior Lawyers.
My question is:
1. I am overseas, is GPA compulsory?
2. Are there any COVID-19 exemptions, as I cannot travel to India due to travel restrictions?
3. If GPA is compulsory, then simple Notary is sufficient? or I have to authenticate/stamped from India High Commission in Australia?
4. Apart from initiating Civil Proceedings, are there any precautions to be taken to stop the sale of property? for example, Approaching local Sub Registrar or Notice Board on the Property or any other, please advise
Asked 2 years ago
Hi Sir,
1. I am Australian Citizen, hence as per my understanding GPA/SPA with Notary is sufficient and attestation from Indian Consulate / High Commission is not mandatory. Please advise.
2. In GPA/SPA can I execute for only certain period i.e., 1-5 months? Can I mention expiry Date?
3. Terms and conditions - I want to mention as follows:
"The GPA/SPA holder has no power to withdraw/compromise any of the petitions.
So basically I want to give to file & attend day to day proceedings only.
Asked 2 years ago