• Property issue

Respected sir,

My sister has sold our fathers property to a company, with fraud passbooks by manipulating in the revenue office. Stating that all the legal heirs are died.

I won the court case and the H. Judge cancelled the fack registration. And asked her to pay 18000/- penalty in the court as expences to me.

Now she has not paid back the money to the company and she has not paid the court fee given by the court. She has now once again claiming her share in the same property won by me through court.

Kindly suggest me how to proceed, and as she is under contempt of court as of now can i proceed for criminal case against her.
Thanks & regards
Asked 9 months ago in Civil Law from Nellore, Andhra Pradesh
Yes. You should file a contempt case and also a criminal case. Also you need to submit court documents to mandal office and get property mutuated in your name.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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1) issue her legal notice to comply with court orders

2) if she fails to do so file contempt of court proceedings against her 

3) however please note that   a s legal heir she has equal rights in property on your father demise 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
Hi, She can't  file the suit  once again but she can claim her share in the property. You can file a execution petition in the court for execute the order of the court to recover your money which is order by the court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. How is she claiming the share when the court has cancelled the sale as illegal. Is she claiming it on the basis of succession? Cancellation of sale made by her does not prevent her from claiming succession to the property of her father. 

2. In so far as her liability to the company is concerned it is for the company to take out appropriate proceedings against her in the civil court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
You can file a recovery execution petition based on the judgement given by the court. If she has filed a partition suit claiming her share in the property, you must see if she is eligible for a share in the property as a legal heir to your father, hence her suit is maintainable. 
Whether she pays back the company or not, you are entitled to a share in the property and  as per the judgment the sale deed executed by her stands cancelled.  Now you are required to either file a partition suit or to submit to the decree in the suit filed by her seeking partition and separate possession  in the property as per your entitlement provided in your earlier suit if you have not claimed the relief of partition and separate possession of your share in your father's property. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1) if the sale  has been set aside your sister would not be able to pocket the sake proceeds . The purchaser will recover sake consideration from her with interest 

2) for partition suit your sister has to pay court fees depending upon market value of her share . Please note court fees is state subject and varies from state to state . If in your state only Rs 200 is court fees on partition suit then she has paid proper court fees 

3) you can file complaint of cheating , fabrication of documents against your sister 

4) you could also have filed complaint of perjury against her under section 340 of Cr PC 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
1) The case issue governs under the CHRISTIAN LAW as my father is a CHRISTIAN AND WORK AS FATHER IN CHRUCH. Suggest me under the rules of christian law.
Whether covered under Christian law or any other personl law, she being a legal heir is entitled to her legitimate share in your father's peroperty.



2) How can a single person can enjoy double fruits on the same property. If a third person other than our family member sold the property and i had recovered back then she can come for the share. But hear the legal heir has sold the total property and when I has recovered the property she is again coming for the share, Which she already enjoyed. If I have lost the case how can she claim the share from the property. 
In your case you got the fraudulently executed sale deed cancelled, it does not means that the entire property belongs to you.   If you sell the entire property on your own, it means you are also committing the same fraud like your sister and she may file a case of cheating against you similar to that of your case against her.
What do you mean by double fruits, once the sale deed is cancelled the property returns to its original status, you take your share from it. 




3) As the property she sold is on illegal documents and she has commited the fraud willingly, and the same proved in the civil court. And the registar document has cancelled by court. 
That sale deed has been cancelled by an order of court.  Now you can divide the property among all you legal heirs as per your respective and entitled proportionate shares.




4) Now can I proceed for the criminal case on her. The judgement came on Feb, 2013. But she filed the partition case in Dec,2015 with a court fee of Rs.200/- , for a property value of 35L property. If YES the pls provide section number.
If you feel that she has paid less court fee for the partition suit filed by her now, you can take up the matter with the concerned court for deficit court fee.  For criminal complaint you can file one agaisnt her separately in the criminal court.




5) And with fraud documents she sold my share also, so can i proceed for the cheeting case seperately on her.If YES pls provide the section number.
See the above answer. The sections and provisions of law wlll be taken care of the police or your advocate, you have to give your complaint describing your grievances and reliefs sought.




6) As I had inccured huge amounts as expenses for regaining the property, and for filling i have paid court fee of around one lach in  2008 only and five years of regular expenses to lawyer and charges for 500km journey at the age of 62 yrs. 
Can I claim the amounts back before giving the share, as no one shared the expenses incured for bringing back the property.

The court has already passed an order to costs, you cannot claim anything beyond that.  
If at all you want to claim the costs and expenses as per your own version, you may file a money recovery suit against her giving the complete details with documentary proofs. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Cheats and frauds don't get share in property. Moreover when you have recovered the property from a fraud and thru a court, its your property. No one including your sister has any right. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
1. The court, it seems, had set aside the sale only as it was made by one legal heir in excess of her individual share in the property. This does not prevent her, after the cancellation of sale by the court, to sell her individual share which had devolved on her through succession. 

2. You are at liberty to launch her criminal prosecution for cheating and breach of trust, which will not preclude her from suing to cull out her share in the property. You do not require section numbers to file the case.

3. You also have the right to sue her for damages to claim the amount that you had spent on your legal battle, apart from compensation for the hardship that you had to endure. Again, this does not have a bearing on her right to cull out her share.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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