John Bromeo A J
20 December 2015 at 16:54
Hello !
My wife and I are senior citizens aged 75 years living in Chennai and both of us are bed-ridden being attended by nurses. My wife is the youngest of 11 catholic christian siblings, all of whom passed away, except No 10 (brother) and my wife (no 11) who are the only living siblings, along 14 nephews and nieces.
FACTS - In Feb 2012, my wife's elder sister (no 8) who is an unmarried catholic christian aged 80, was hospitalized in Madurai with stroke. The nephews and nieces took her house keys, then went inside her house and took all her bank,financial and property documents, and then went to the hospital and gave a written request to remove the ventilator subsequent to which, my wife's sister died. All this happened without my wife's knowledge / consent.
Later in Aug 2012 the nephews and nieces had a fight between themselves over property division and 8 of them filed a lawsuit against 7 others and my wife as the 8th defendant. When the D1 - D7 came running to my wife, my wife agreed to defend them provided they show all the documents and co-operate as per law. Based on the reply statement filed by my wife, the plaintiff nephews and my wife's brother (P1) were forced to withdraw the plaint simply as "suit not pressed" memo.
Now in Mar 2015 all 15 of them ganged up again and filed a fresh civil suit (in the very same court hiding the fact about the previous suit) against my wife, as the lone defendant and even tried to make it ex-parte because my wife never received the summons.
Based on the investigations carried out by my son and all the documentary evidence (with us) of all the illegal & criminal activities that have happened I seek the advice of legal experts.
QUESTION
1) If a suit for "declaration as legal heirs" is filed by hiding some of the property details (like bank FDs which have been swindled by some of the plaintiffs) and not paying the appropriate court fees on the declared / hidden property details, are the plaintiffs still eligible to be declared as legal heirs? Is there any section under the Indian Succession Act 1925 (for Christians) under which action can be taken against them for dishonesty and suppression of material facts?
2) Since the plaintiffs have suppressed the fact about the suit filed in 2012 and withdrawn in 2013 simply as "suit not pressed", can my wife ask the court to dismiss the current suit under CPC order 23 citing the fact that the plaintiffs had withdrawn the earlier suit without asking the court's permission for "liberty to file a fresh suit"
3) We have come to know that my wife's sister had actually written a will, but since these nephews went inside her house and took away her documents we now suspect that they might have destroyed it. So if we file a police complaint and seek appropriate police investigation, how can we relate the outcome of the investigation to this civil suit? Is there anyway my wife can call for production of bank statements, opening of the locker belonging to the deceased (unmarried sister) through an IA or by some other way?
4) Since my wife is bed-ridden, partially blind and cannot travel 400 kms to attend this court case, can she give a PoA specifically to deal with this suit to my son? In that case will his reply / statements be valid in the court? Can he apply to the judge to hear him as a "party-in-person"?
I request the experts to please help us on the above. My wife is completely devastated at the manner in which she is being harassed and we would like to seek justice. Thank you All!
Regards,
John Bromeo A J
sonusampatrao
20 December 2015 at 15:59
my wife and i retired from one company which i started with two bihari partners on 2014 march . i invested 62 lakh rupees in that company but after some six months he started misbehaving and accounts manipulation . so i asked him to pay my and wife's invested money back and take over this company. so after one year of requesting and asking for funds, he and his's other partner signed registered retirement deed . in which i payed 3.7 lakh stam duty and took 21 cheques of 62lakh, which he told me to deposit from 20 aug 2015 (3 lakh )each month on 20 till 2017 . now i have deposited 4 cheques and still i am not getting any funds and he is not picking my phone . i have deposited cheques in pune and now filing a case on that man . my question is that will i get my money or at least put him behind bar or not. he things that he can run this case for 2 to 4 years and Indian law have many loop holes from where he will run a way . and one more thing out of two continuing partners one signed all 21 cheques but can i file and put other partner behind bar also????????????
Maria Joseph
20 December 2015 at 15:55
Dear sir,
i have a writ petition case against the petitioners who has got interim injuction for 3 weeks.
Now i have filed MP to vacate their interim injuction and the case is listed.For the past three days i am seeing my vacate petition listed with item number.But it never reaches for hearing for the past 3 days.i need to vacate their interim injuction very urgently.Still it doesnt reaches for hearing.
Experts pls suggest me how i can able to reach my case for hearing by the judge????
Sudhir U Bandekar
20 December 2015 at 15:26
can state government file review petition in supreme court after its appeal was dismissed in october 2014 now 14 months have been passed.actual time limit for filing is 30 days.please guide.
Vishal Bhasker
20 December 2015 at 15:24
respected members of the forum I would deeply appreciate if Icould get a answer to my following query.
I have been running a laundry for the past 10 years. The property where i run the business belongs to my father.
I have been paying my father money from my profits. On an average close to 4 laakhs a year for which i have the necessary paaid receipts of money transferred to his accounts. Off lately his demands are increasing cos of whic he has started blackmailing me that he will sell the property off or give it it to someone else to run the laundry. FYI this laundry was setup by me and i have been solely responsible for taking it to the top.
I would like to know wether can he remove me from the shop. Wats the solution to this problem?
S. S. Rathi
20 December 2015 at 14:46
Sir
I have filed 156 (3) complaint in 2010 and FIR register in 2010 after order by CJM, but other side appear to High court for Quashing but matter admitted in 2010 and matter goes for mediation two time but mediation again failed in 2014 and matter stand for Final hearing
Even I have filed early hearing application as party in person but same was rejected by Honble court stated that applicant absent, no case for out of turn hearing, appl. Rejected, even I’m present one hour late due to bus strike and request to kept back matter .
What can I do ? pls guide
anand
20 December 2015 at 12:57
I purchased a flat 4 years ago. the flat below mine has complained of leakage in the bathroom from our bathroom and moreover there are lot other leakages in the apartment. As the repair amount is very expensive, is it possible to claim for the damage/repair charges from the builder. The building was handed over to the society three years back.
Pravin
20 December 2015 at 11:17
sir
I hv afair wd my friend's sister.she twice attemted suicide n wrote note for me. She had heir line frackture in skull n behave deconstuctively.we both hv oath to marry but she lost control on her behaviour.her family give her some kind of medicene.in 2013 i cought her wd other guy n then i deside to leave her but she goes beyond this. She hs firmly decide to marry me.meantime she collects all call record, private vedio records n she blackmail me for marriage. I hd no contact wd her n she first put complint in women helpline n gathered reporters for news. It spoil my career n i left my job n stop my tuition classes.then i left maharashtra n join kerala. But again 1day bfor my NET paper she put 417on me and threaten me n my family to pit 376 wd the vedio evident. I hv been complainting my p.hd thesis so i lost my all seses to hear this. I thougt all my education go west if she put casses on me n she asked reporters also. She want me to mmarry wd her.she behave madly. So she want afidavite n i blindly wrot it on 100 ru stamp.again i went to kerala to complite my study. But when i again came for SET paper in maharashtra she give her ATM to me n said some problem in machine n asked to take 3500 rupee n i alredy wrote stapm so i wd drow money and give her.again next day i had paper n last night she again force me to marry. But i said that i want time to settel myself. Again before 1 day of my exam she, her older sister n father went to police station n put 354;506;504;284;394 on me. When i finished my paper police called me n i inocently went to police station n they through me into cell for 4 days n all news paper falsely published news wd my photo n made my beloved as my student. 1day befor my bail she again went police station n put 279;337 on me as i attemtet to trash her wd my motercycle on my exam day.
Alrady my college left me from my job, i lost my careere. I gave my 8years in library for p.hd n other exam i just pass it but all going invain.
Amrendra Singh
20 December 2015 at 10:52
Dear all,
My mom has no brother and only sisters. Few months back my maternal grandfather passed away. Now the situation is that one of my "mausa" along with the support of other "mausa" and "mausi" is looking to sell the properties and get away with the money. They are not letting to distribute the properties equally between all the sisters.
Could anyone please tell what's the way to not let this happen? Is there any way to claim rights in the money got through the selling of property?
What would be the legal way through which we can assure that property is equally divided between all?
Thanks in advance!
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Legal Hier Rights
Hello Sir,
Just a week ago I have lost my Fufaji and they have declared myself as a nominee in his banks etc...we (me and my 2 sisters) are their only children's thru love relationship. They didn't registered any WILL regarding his properties.
I have done my schooling partly from their home in my childhood and they were treated me as their son and my 2 sisters as their daugthers only (no adoption legally).
Now their few relatives from their home town are creating troubles for property and assets etc, even they also don't have any papers with them.
Can you suggest how should we deal with them and get the property rights etc...
Thanks,
Taru