Dear Client,
As per the facts provided by you, the best possible way here will be they include your name in the partition deed so that you can get your equal share which you are entitled to.
Thank You
Sisters cheated me with forged partition deed of property
We are total of 3 siblings i.e., me and my two elder sisters, I have been cheated of my parents property i.e., house and bank balance by my sisters who have used illegal documents and fake legal heir certificate(excluding my name) to partition the house in their name after parents death and transferred Lakhs of rupees from my parents bank accounts to their accounts using my parents phone, laptop, cheque books, ATM cards after my parents demise without informing the banks about their death. After I found out about this and confronted them, they agreed to share everything equally, we signed an MoU but they backtracked and betrayed me without giving me anything. I filed suit for partition deed cancellation in civil court and an FIR through court referral, now they again came for compromise and want to sign a compromise deed, can I trust them as they already cheated me twice ? What is the best process to proceed, do all 3 of us need to sign compromise deed or both sisters can admit their crimes in court to come to settlement ? or they can get the partition deed amended to include my name ?
Asked 2 years ago in Criminal Law
Religion: Hindu
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20 Answers
You can file cheating complain and also go for cancellation of the said deed in court
Since you have filed the partition suit, if they agree for partition as per law, you may ask them to sign the memorandum for a compromise decree to be obtained jointly with the conditions as agreed among you people, once a compromise decree is passed, they have to obey the court order or they will be termed as contemnor and can be prosecuted for contempt of court.
The criminal case should not be withdrawn by you until and unless they make good of the agreed amount and allot your share out of the monies that they have usurped.
You can be in touch with your lawyer on all such further issues.
Don’t trust them
2) refuse to compromise
3) they have to file petition for quashing of FIR on basis of settlement arrived at between parties
4) you can file consent affidavit of want FIR to be quashed
Having been cheated twice, the safest option is to get everything transferred first including immovable properties and cash. Any compromise/settlement/MOU is open to challenge after executed, their legal heirs can also challenge the same. Don’t settle for less than actual transfer, only after that withdraw civil and criminal cases. You in dictating positing now, make use of that.
In reference to above it is wise to get into a compromise, However make sure that the compromise deed is filed before the courts concerned, in the partition suit as well as the criminal cases. As if they do not Honor the compromise deed filed before the court - court will take necessary action against them.
The best solution for you is to file a suit for declaration of your title and partitioning of the assets of your deceased parents, at the proper court, as a permanent remedy.
- As per law, after the death of your parents intestate , the property/assets will be devolved upon the three legal heirs equally, and their acts of concealing the true facts are amounts to offence , and the said partition deed having no legal value in the eye of law.
- Since, you have already filed the suit before the court , then you can settle the dispute after referring the case before the Mediation cell of that court.
- The mediation councilor will prepare a draft of settlement between the three parties , and then sent the same before the court for passing a decree bases on the settlement deed.
Dear Sir, The thing is still I do not have a complete figure of how much money they have withdrawn from the banks, I was able to go to few banks and using their PAN card number and death certificate (as all the bank documents are in their custody) I got to know some amount based on which I filed the FIR, and they are still not forthcoming with the amount they have stolen from our parents accounts after their death to arrive at a figure of compromise.
Asked 2 years ago
1) issue legal notice to furnish details of bank accounts of deceased parents ,money lying in bank accounts ,FD ,latest bank statements etc
You may have to use your own source to find out the figures or the sum of amount that had been usurped or misappropriated till this date.
You can put pressure on them by giving a vague figure to an unimaginable extent by which they may come out with the true figures which will help you to navigate through the compromise process.
The MoU you entered was faulty because you agreed for it after confronting.
anyway, now you should settle the matter in court properly .
That way, you will be not be cheated again.
If they dont agree to disclose everything and accepting your lawyer directions then continue with cases. They will get the results hard way.
Dont enter into any agreement bypassing court.
Send them to jail when they have not yet learned anything.
Ok you can proceed with fir things but you need to quantify it yourself
- You can issue a legal notice to the said bank for giving details of the transactions of account after the death of your parent.
Dear Client,
As per the facts provided, it is a clear case of cheating falling under provisions of section 420 r/w section 415 of the IPC, you, therefore, need to make a complaint to the concerned police station, if they refuse to entertain you should make a written complaint to the commissioner of police with a copy to EOW.
Thank You
Dear Sir,
You have done best thing by registering FIR against them. You must be in good books with Police and they can trace out how much amount was withdrawn by them through ATM cards etc. If necessary Police may arrest your sisters and file a charge sheet.
Thank you for all your answers, I have not gone for a compromise, the case is still pending, meanwhile I had also filed an IA for requesting the hon'ble court to get the rents from the property deposited in court since the sisters are enjoying the property and rents without sharing it with me. They were continuously requesting for mediation under section 89, for which I was not ready. Still the court has now dismissed my IA for rent deposition in court and allowed matter for mediation under their IA I would like to know what should be my next move to get the rents deposited as my counsel is suggesting to approach high court against the IA dismissal (Is there any time limit to approach the high court). Also, what if I do not want to attend any mediations and if it can be skipped or is it necessary for me to attend the mediations. What impact the mediation carries for either party ? In anticipation of my high court move, they have already filed an Affidavit in High court praying notice to be served to them in the event of filing any case or writ petition before passing any ex-parte orders in my favor. what might be the motive of their such move ?
Asked 1 year ago
Fact as per your lawyers advice
2) apply for certified copy of order and file appeal in HC
3) you can attend mediation but if no compromise possible inform mediator to that effect
4) your sisters want to heard in case appeal is filed by you .hence have filed caveat in HC
Since the trial court has not considered your request made in the IA, instead had dismissed your petition and passed an order to appear before mediators for mediation, it appears that it is a biased decision, hence you can prefer a revision before high court against the dismissal of your IA.
If you have been directed to attend the mediation, you may better attend the session for mediation and if the compromise suggested is not in your favor, you can inform the mediator to revert the case back to court.
They have filed a caveat petition seeking to issue them a notice before any exparte order is granted to you to stay the proceedings in the pending case in the trial court.
This will not prevent you from filing the revision petition before high court.
Dear Client,
As per the facts provided, it is a clear case of cheating falling under provisions of section 420 r/w section 415 of the IPC, you, therefore, need to make a complaint to the concerned police station, if they refuse to entertain you should make a written complaint to the commissioner of police with a copy to EOW.
Yes it's normal process to issue notice to otherside