I am 30 years old women, married 4 years ago i have one daughter.
I am married at 2011, my uncle (Husband father) cheated under 406, 420, IPC, Sec 5, Wr 56 AP Chit Fund Act1956, he was escaped 9 months from February 2015 - November 2015, in this month he surrendered in front of court, before he escape he sold his house he gave to my family for our survival (61 lacks), after he surrendered the police station which FIR filed against him, they brought him to custody from court and recovered our money (61 lacks).
I heard about my money can recover from the court through some petitions, I humble request you please help me in this matter, how to get my money back.
Asked 2 years ago in Constitutional Law from Hyderabad, Telangana
1) we need details of the case filed for cheating and criminal breach of trust
2) if uncle has misappropriated funds and invested in property the sale proceeds of property can be attached by the police to pay back the investors
1. Yes, you have to file a petition claiming your money.
2. In reply the court will ask for status report from police about true owners of the money.
3. Then you have to meet the police and place evidence about your ownership.
4. If police submits favorable report you will get the money.
you should file an objection application before chief judicial magistrate under section 84 crpc. Only accused's property can be attached. this 61 lakh is your stridhan and you are absolute owner because is gifted by your father. So file an application and fight for that.
You have to request the court to release the money. The court can release the money if you can prove it is your money. Engage a lawyer to have your money released.