cpc

Dear Sir Please give your opinion

This query is : Resolved 
 

(Querist)
30 April 2010

My name is Dr. Suresha; I filed a civil suite against all of my family members for my share in the property 2003.



Then we compromised before elders of the society and the shares were allotted as follows:



1. Plaintiff i.e. me.

2. My father and my mother

3. My uncle-1

4. My uncle-2

5. My uncle-3

6. My sister-1

7. My brother joint name with my father.



A decree by Taluk Court for Shares of my father and mother issued with terms and conditions that Father and Mother have to enjoy their shares during their life time and after their death properties will go to Plaintiff. i.e. me. (Because I was living with my parents. Me and my father were looking after shares 1 & 2.) I agreed for this property distribution and I left properties to my parents as I was working in government sector). My brother he was notorious we had a fear that he may sell his share, which was earned by my father and hence I put my father as joint holder.



Everything was fine up to 2007. Me and my parents living together and my brother was living separate.



I, went out on various assignments in 2004 and abroad to Africa . During this period my brother came to my parents and taken in charge of all our properties I,e mine and of my parents and enjoyed all the income.



In 2007 he developed conflict internally and taken my mother with him and went separate again. My father was alone and he started taking care of my share and the share of them. My wife was taken care of him.



Once again I got the abroad placement in Jeddah , Saudi Arabia .

Because of mild heart attach he was in hospital in Jan 2008.



During this time my brother took my mother to Sub-Registrar Office and registered a will from her to his son. (The property was issued to my parents, with terms and conditions and for which decree was issued and this property deed was registered jointly in the sub registrar office). My mother alone registered the will without my father’s consent.



After 5 days my father passed away suspiciously, my brother did not allowed me to participate in his funeral as I was abroad. I went a day after and performed my duties and came back to Saudi.



From 2008 to till to day I cleared all the back debts which was upon my and my parents share (10.5 lakhs). My brother was enjoying all my share and my parent’s share which was previously written a will to me.



Recently my mother also passed away, just before her death my brother misinterpreted her and transferred all properties, which was in joint name of my parents, through will and gift deed.



I request your kind self to clear my doubts.



1. Is there any possibility of losing my property which was supposed to be transfer after the death of my parents?



2. Apart from this my father had few properties in his name. Which were, ancestral and self purchased. After his death my brother transferred these to my mother and then she registered will to my brighter.



3. Is there any possibility of filing suit against my brother who had my father as a joint share holder ?



Please clarify my doubts.



Since 6 months i am waiting for your opinion .
Now my brother illegally wit the help of some gundas occupied my house which was supposed to transfer to me after the death of my parents . He changed the khata by producing the gift deed made by my mother
Please let me know about the consequences.

I, am herewith attaching the files for your reference. These include:



1. Pray to the Court to issue the compromise decree

2. Compromise decree

3. Property registration paper of my father and mother (will also registered in my name under terms and conditions of the Court order)

4. Property distribution in front of elders of the Society.



Please go through the files in detail.. My all properties are at Davanagere district Karnataka jurisdiction. Let me bring some of the activities made by my brother taking undue advantage of my mother’s illiteracy.



The properties were distributed as per the court decree and I was looking after my share and share of my parents as I was living with them 2003 to 2007.Officially it was in the name of my parents. But I had all the responsibilities and also I got GPA from my parents. This GPA was not registered ,it was executed before Notary. In 2007 I came to Saudi Arabia . Then my father was taking care of my properties. But my brother taken away my mother with him in 2007 and my father was staying alone and looking after all properties (my independent and my Parent’s share of which will was registered in my name. Please refer the document).



On 8th January 2008 my father was admitted to hospital due to mild heart attack my wife was taking care of my father in the absence of my mother.



On 20th January 2008 my wife and my daughter came to Jeddah , Saudi Arabia to join me, At that time my father was in hospital alone. On 22nd January, 2008 my brother took my mother to Honnali Taluk Sub-Registrar Office and registered a will in the name of his son. (The properties which were in the joint name of my mother and father without the consent of my father which was illegal).



On 29th January my father passed away suspiciously. During this time I was abroad and my brother taken undue advantage of my absence and enjoying all the properties.



Meanwhile I given a petition to all the authorities to enter my name for all properties (which are in the name of my father and my mother) as my father passed away. But he transferred all the properties to my mother’s name and was enjoying all the benefits. My mother was suffering from heart ailment and mitral stenosis. On 3rd and 8th September 2009 my brother instigated my mother to register a gift deed and will for few valuable properties.



During this period between January 2008 to December 2009 I repaid the back debts of 11.5 Lakhs which was on my properties and my parents properties which were supposed to transfer to me . Now he changed Khata to his name by producing gift deed and will…….



Unfortunately my mother was expired on 29th September 2009, during this period I was abroad.



Recently at Davanagere my tenant vacated the house on 31st March 2010.





Then I requested to Davanagere City Corporation and Honnali Taluk Office for change the Khata, from my parents to my name as both were passed away. I came to know that the properties have been transferred to my brother as per the gift deed and will.



On 11th April 2010 by using some gundas force fully he broken the lock of my home and occupied.



Apart from this, after the partition my father has some properties which were self purchased and ancestral which were not included in the partition. After my father’s death my brother changed the Katha for 3 properties to my mother’s name and got a will registered in his name at Honnali Taluk, Sub-Registrar Office.



More, over during the property distribution we made a joint share for my brother and my father, keeping in view that he should not sell the properties during my father’s life time as they were earned by my father who sacrifices his life to earn them. My brother is notorious. We scared to give the independent share. We never thought that he will do all these illegal things and cheating us.



One more question in the will out of 3 schedules two schedules were, transferred from my father and mother and then to my brother through will . One more schedule was in my mother’s name which was purchased by my father and registered in my mother’s name. Is this will would be valid for all the three schedules or it will be cancelled totally.I mean it is applicable only one schedule which was in the name of my mother.



My brother cheated me now I am planning to suit a file on his share which was jointed with my father. Now, my father is no more me and my two sisters are legal heirs. Can we file the suit as there is no mention about this in the terms and conditions of compromise decree, that after the death of my father who will be the legal heirs .



Can we go for this?



I filed a suit against my brother in Davanagere District Court and got injunction on 20th April 2010. But he is staying in my house. I want to vacate him from my house.

I request you to go through in detail and file, a suit at High Court Bangalore. I am scaring that even if I win the case at Davanagere. There is a possibility that he may appeal at High Court. That is why I want to file the suit at high court. I want to acquire my shares as soon as possible.



1. I want to cancel the gift and will deed registered by my mother

2. I want to vacate my brother from my house

3. I want to acquire my brothers’ properties as my father was a joint share holder

4 The administrative authorities involved in these change of ownership by taking Money. I need to teach a lesson to them



If you are ready to take the case I will make all the arrangements. I need your great help. My advocate is not serious about the things, since last 3 years, my brother have given too much problems for me. I want to teach a lesson to him. Please do favour for me.



I don’t have the copies of gift deed and will .If you need I can get them for you

He stolen all the documents from my house .He broken the locks of 2 cupboards and stolen all the property documents and god and silver jewelleries

Very Truely yours
Dr Suresh


A V Vishal (Expert)
30 April 2010

Dr Suresha,

I can well understand your agony and my sincere advise to you would be hire a good civil lawyer locally and fight for justice. Every moment lost will count.

DR SURESHA G (Querist)
30 April 2010

Thanksa lot . I will follow our advise
Dr Suresh



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