Unknown (None) 29 July 2014

Grand daughter rights

I am a senior citizen widow aged 63 staying in an old age home..I have 2 daughters..my second daughter has entered my home with her husband and her kids and r not leaving the home and have been harrasing me badly mentally and physically...they have done lot of frauds with banks and so they moved to my home few months back...they didn't tel me anything about it..they also have made me forcefully signed some papers in English telling that it wil benefit their business,created bank accounts of my name and also got credit cards in my name used them and not paid their bills.i do own a shop also they unknowingly made me sign the rental papers in which all terms r in their favour and I don't get any benefit ..now they the problem is that my daughter wants the right and share in all the property...also they r not vacating the home and I have been forced to stay in an old age home..so I want both of my properties back...so can anybody suggest something ....currently we have approached the SDM..so waiting for the judgement....her husband is a so called lawyer not sure he is or not...but married my daughter to snatch my everything...they have also looted my locker jewelery and taken loan against it and not paid..I had approached the police and higher police authority but no help..the property is our ancestorial property ...

can someone please help or suggest we r helpless and don't know what to do....the lawyer we have is a very slow and least interested in our case and more interested in money it seems

wil reply if any more details required

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8 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 29 July 2014

Dear, Since your lawyer is not interested in your case, they why don't you take your files and appoint a new one. You can get the civil suit filed by your other daughter and get the property partitioned. In so far as the frauds already done upon you, file a complaint to the area magistrate and taken stern action against them. Advocate kapil chandna. 9899011450

tejinder singh sidhu (lawer) 29 July 2014

you can file a application under The Senior Citizens Act for maintainance, possesion of house. you can file a declaratory suit for return or destruction of blank papers . You have to serve a notice to the tennant of your shop for rent or eviction as may suit the facts of your case, or as suggested by Kapil retain a good trustworwth lawer.

T. Kalaiselvan, Advocate (Advocate) 31 July 2014

If you have been thrown out of your property, you can file a trespass case against them and seek possession under criminal law or file a declaration and possession suit in civil court, since your lawyer seems not so much effective, you may change the lawyer and go by new lawyer and let the new one be bit prudent and able to handle your case properly.

Biswanath Roy (Advocate) 06 August 2014

It is difficult to opine in absence of the disclosure of the entire facts on records..

Yamini (Homemaker ) 15 August 2014

Hello everyone I m her daughter who is out of India...wel I would like to continue the discussions and would like to have suggestions regarding the same ...well they has filed civil suits again all the family members that my mother has forcefully got the will thumb impressed by my father who passed away due to brain cancer and had the right side paralysed...also that my father wanted to give away all the peoperty to her and all sorts of false eligations....and for the shop they filed a civil suit that the shop keys r with us and we r not letting him use the property....they have done all sorts of false firs and civil suit cases against the family...I wish if somebody I can call and personally discuss the case and get some good suggestion as we r confused what to do and things r getting delayed a lot and my mother wants both the peoperty back also the papers and documents they have taken away from the bank lockers...so need help

Yamini (Homemaker ) 15 August 2014

I really want that they should be badly punished for all the frauds they have done and they won't do it ahead in future...

Biswanath Roy (Advocate) 15 August 2014

I am ready to help you if you so desire. Either you shall have to discuss the matter face to face in a meeting at Kolkata fixing up date and time by prior appointment over phone or you may send me the summery of the cases along with scanned copies of documents related to on usual professional terms..

My E-mail - bnroy.advocate@gmail.com

T. Kalaiselvan, Advocate (Advocate) 15 August 2014

The piece meal information are not sufficient enough to render proper opinion. If you have decided to be a mouth piece to your mother, come out with the details and facts of the case if you are seriously intending to get proper opinion from experts here.