Fraud to grab co sharer property
M Satyanarayana
(Querist) 06 November 2017
This query is : Resolved
Sir,
I filed along with my father partition suit against my sister. My partition suit was allowed and we got 1/3rd share each. My sister appealed in Supreme Court which was dismissed. Against she went for Revision in the appellate court in Supreme Court. The partition suit is closed.
After Supreme court dismissal of my sister's appeal in the Supreme court I issued Public Notice in bilingual editions warning about my sister's fradulent dealing and creating false documents.
Unfortunately my sister created relinquishment deeds while filing final decree proceedings claiming she has discharged and satisfied the decree hence final decree be passed in favour of her only. I opposed and denied any such arrangement between myself, father and my sister. Every criminal makes a mistake. My sister mentioned the execution of document after dismissal of SLP and left to mention she has gone for review also. The time gap between SLP dismissal date 12-07-2010 and Review Petition date 15-12-2010 which is about 5 months. My sister has filed review petition after publication of the public notice.dated 20-07-2010 and alleged execution date 27-12-2010. The document shows execution is after dismissal of SLP.
The public notice in the newspaper about fradulent dealings by my sister will valid to prove the alleged execution of the document. There is long gap between my Sister's SLP and again her Review Petition. Please do inform whether such fradulent document will hold good.
Thanking you
M.SATYANARAYANA
SHREY DAMBHARE
(Expert) 07 November 2017
Usually review petition in Supreme Court dismissed on first date itself. Hardly in any review petition notice get issued. Also their is delay in filing review. As well as nothing new can be brought up in appellate jurisdiction. Parties cannot go beyond pleading and arguments they have stated in Civil Court. So, I must say you have complete case on merits.
Susmita
(Expert) 07 November 2017
Mr. Satyanarayan, As it is said by Shrey Dambhare Sir, You already in merit and just inform the court about fraudulent activity of your sister, showing all the proofs you have.
M Satyanarayana
(Querist) 07 November 2017
Thank you to all Sir(s) for reply.
SHREY DAMBHARE
(Expert) 07 November 2017
Actually in Supreme Court Review is decided in chambers. So, their is no chance to make any submission in respect of fraudulently activity. However, if at all notice issued in the matter then you can submit about this fraudulent activity, but if the Court want to hear your case in respect of review then your submission should restricted why review should not be allowed. But keep in mind usually out of 1000 about 999 review dismissed in chambers itself. Also for fraudulent activity, you have right to file contempt petition against your sister.
Susmita
(Expert) 07 November 2017
Dambhare Sir, my contention to inform court relates to lower court as review is already dismissed.i think.
Rajendra K Goyal
(Expert) 07 November 2017
You are opposing the fraudulent acts of your sister. Unregistered relinquishment deed is also a ground of challenge.
