A widowed mother and a fatherless daughter cheated off their inheritance
(Querist) 08 April 2013
This query is : Resolved
Dharmaraj had 5 children- 3 sons and 2 daughters in his first marriage. But the first marriage was a failure and the wife soon passed away. His children refused to look after him and their old aged grandmother. They tried to throw him out after snatching his property. It failed because he everything he owned was his hard earned money.The left him saying they would never look back. To have a companion in his old age, Dharmaraj married a widow. And they had a daughter. He wrote a settlement to the daughter all the properties he had during that time. He died when the daughter was 17. He had written a will bequeathing all the properties to the second wife and daughter.
In the same year, 2009, the children of the first wife had put a case without the knowledge of the second wife and the daughter. Bribing their way, they gave their own address as the address of the second wife and daughter. So the court summons never reached them. The first wife's children forged the mother and daughter's signatures.They also did not mention the second wife as the wife of Dharmaraj. She has been called a servant and her daughter a servant's daughter. They themselves hired a lawyer to represent the second wife and daughter and the only evidence used in the case was a commission's report with fake details. In 2011, they got the decree from the court. All this was done without the knowledge of the second wife and daughter.
In 2013, one morning, court officials came with the order to divide the properties. until then, the second wife and daughter did not know of the case. With a JCP, they tried to demolish the house and abused the mother and daughter in front of the court officials. but with the timely interference of the advocate , the demolition was stopped. It is to be noted that the court procedures were not followed, No drum was sounded. When the court officials were questioned by the mother and daughter, they did not even bother to answer. But the officials have given the report that the mother and daughter tried to obstruct the court order which is a lie because the the women couldn't do anything but cry.
The mother and daughter have applied for a stay order but it is going to take a long time it seems. Is there no way for them to get a stay order quickly?
Can they give a police complaint?
The proceedings are going really slow. how can get u get an injunction order quickly?
Raj Kumar Makkad
(Expert) 08 April 2013
A clear cut fraud has been played with the court by those persons so not only a criminal case under section 420, 467,468,471,120B IPC should be filed against them but a suit for declaration seeking the setting aside the entire proceeding/fraud should be filed with injunction order which shall be provided within a very short period if the notice to the opposite party is given. All facts should be brought before the court so that injustice may be stopped.