• 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 7 months ago in Criminal Law
Religion: Hindu

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16 Answers

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

Anik Miu
Advocate, Bangalore
5353 Answers
57 Consultations

4.9 on 5.0

You can file cheating complain and also go for cancellation of the said deed in court

Prashant Nayak
Advocate, Mumbai
28075 Answers
93 Consultations

4.4 on 5.0

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The criminal case should not be withdrawn by you until and unless they make good of the agreed amount and allot your share out of the monies that they have usurped.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.

 

T Kalaiselvan
Advocate, Vellore
79206 Answers
1614 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

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.

Ravi Shinde
Advocate, Hyderabad
3138 Answers
42 Consultations

5.0 on 5.0

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. 

Atulay Nehra
Advocate, Noida
1285 Answers
58 Consultations

5.0 on 5.0

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.

Swaminathan Neelakantan
Advocate, Coimbatore
2131 Answers
20 Consultations

4.9 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
10304 Answers
123 Consultations

5.0 on 5.0

1) issue legal notice to furnish details of bank accounts of deceased parents ,money lying in bank accounts ,FD ,latest bank statements etc 

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
79206 Answers
1614 Consultations

5.0 on 5.0

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. 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Send them to jail when they have not yet learned anything. 

Ravi Shinde
Advocate, Hyderabad
3138 Answers
42 Consultations

5.0 on 5.0

Ok you can proceed with fir things but you need to quantify it yourself

Prashant Nayak
Advocate, Mumbai
28075 Answers
93 Consultations

4.4 on 5.0

- You can issue a legal notice to the said bank for giving details of the transactions of account after the death of your parent. 

Mohammed Shahzad
Advocate, Delhi
10304 Answers
123 Consultations

5.0 on 5.0

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

Anik Miu
Advocate, Bangalore
5353 Answers
57 Consultations

4.9 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

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