My father died in 1974 and will made under Indian Christian law.
Will was probated after my father’s death.
I was a minor till 1978.
My brother was the executor of the will along with step mother who was made joint executor.
Executor also got letter of POA from Joint executor when she went away after my father’s death.
My older brother & I both had given our POA to him before we came to the USA.
My father had a little debt which was settled .
In 2003 , my brother (executor) sold a property worth 80 Lks and used our POA for same.
On enquiry in 2004, executor said money in NABARD to save tax.
No money seen by us till 2012.
In 2005 , I sent legal letter /published to changing my POA.
He immediately sent me a “legal notice” back by using all our POA’s given and gave me a useless property and kept all the bulk of our property.
That legal notice is “dated” One day FORWARD from the date he received my notice. US acknowledgement card still in my possession.
He could not do the same that day and it is stamped day after receipt of my notice of POA change.
Till 2012, he stills holds my POA and has never returned it.
I have filed a case and it is still going on. His lawyer keeps on postponing.
My older brother passed away in 2008 and he had written by “LETTER ONLY” that he was not interested in any.
His widow & children now want it ( all legal documents in my posession)
My query:
a) What legal case do I have as I have not relinquished any of my property
b) Will the case be won on the dates of my notice and his or, will other circumstances come into picture
c) My other brother passed away. Can he still use his POA now.
d) I am tired of the court game play. What other recourse do I have to sell, give rights, if any ?
