I am a member of a family who want to recover property by inheritance which has been fraudulently claimed which we wish to recover. All family members entitled to this claim presently are living abroad viz Australia & South Africa. I have all the information relating to these properties located in Pal-Saras dist. Surat. and wish to take legal action against the fraudster. What are my chances of pursuing this matter further. Regards Yakoob Khan e-mail: [deleted]
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Lawyers are available now to answer your questions.
Do I have to come to India for the legal process i.e. make a Court appearance if required to do so?
1. Well you have to clarified what is the present status of your properties which prompted you to recover those.
2. Depending upon its possession and situation the further course of action can be advised.
3. Then only chances of success of your case can be filed stated.
4. In all the dates you need not be physically present and you can execute POA to manage the case on other dates.
If you have been illegally dispossessed of your property then the remedy is to file a suit for eviction against the trespasser. A criminal case for trespass can and should also be filed against him, which can result in imprisonment being awarded to him. You do not have to appear personally in the court except for your deposition whereas on all other hearings the presence of your lawyer should suffice. Engage a lawyer and get going.
Who obtain the possession of the property now?
Who fraudulently claimed this property ? Any family member or out sider?
If you have a valid title by way of successsion then you can approach the civil court for recovery of possession or declaration depends up on the evidence in your hand
1. The information as to who has has occupied your property and since how long, is required for providing advice properly,
2. However, collect legal heir certificate of the deceased owner of the property you are claiming inheritance of,
3. Execute a POW in favour of any one in India and get the same notarised by your local Indian Consulate,
4. File eviction suit against the occupants through the POA holder.
1. No. You can execute and notarised a POA in favour of anybody in India as advised in my earlier post,
2. If somebody is occupying the property, then you shall have file eviction suit and if it is not occupied or occupied by one of the legal heirs, then you shall have to file Partition Suit.
1) you should contact a local lawyer and take legal proceedings in India for recovery of the property fraudulently claimed
2) you can execute POA in favour of family member to file civil case
you will have to come to India during trial
First of all ascertain how this fraud has taken place.
You have to first ascertain and locate those properties reportedly grabbed by fraudsters.
Get the title documents of the properties (at east copies) and obtain an encumbrance certificate from registrar's office to confirm the details of the past and present owners and all the transactions involved for a certain period of time till date.
After ascertaining the details, see whether the property was grabbed or encroached or sold by illegal means by the alleged accused/fraudsters.
Initiate action through a trusted person by lodging a police complaint as well as by filing civil suit for recovery of the property.
Yo may execute this action by giving a power of attorney deed in favor of any person close to you who shall take care of the issues in your absence.
Succession and inheritance in Muslim law is very complicated and confusing. There are three classes (1) Sharers (2) Residuary (3) Distant Kindered. Apart from that there are Shia and Sunni Law. You can come to india or you can give power of attorney to somebody here in India. But one time you have to come at the time of your Evidence, the rest your power of attorney will look after.
Q1. To which class you belong, Shia or Sunni.
2. Are you male or female. Totally how many sibbligns you are. Where they are settled now.
3. Whether your parents are living or passed away.
4. You said that your property was fraudulently claimed. Who had claimed it fraudulently. Whether he is your family member or outsider.
5. What is the extent of the property approximately. How many properties are there totally.
If you give the following details, I can advice you properly.
file a civil suit for permanent injunction and declaration suit. for this purpose registered a power of attorney in favour of your advocate and get its registration in Indian consulate. hire a good advocate and send photocopies of all the documents and a vakalatnama to him.
your personal appearance is required when trial begins till then your authorised person will represent your case.
