Fradulent division of ancesteral property
Muneeswaran K
(Querist) 30 July 2010
This query is : Resolved
My father expired in February 2005 leaving behind his wife, two sons and three daughters. The properties he left was ancestral. Before his death he had written 1/3 of the property to his sons. Two sons claimed that they have an unregistered WILL written by our father. Inspite of our repeated requests they did not show the WILLto us. My brothers have divided the property among themselves with the help of local Revenue officials and corporation officials. (as per the statements given by our brothers)
We, the three sisters have filed a suit in Tuticorin District Civil Court, Tamilnadu in the year 2006 and the case is yet to be taken up. In the meantime our mother expired in July 2008. We have sent letters to the concerned Corporation and Revenue Officials asking the details of the official orders under which our brothers had got the properties divided and enjoying under RTI. We received replies stating that the division was made as per the Taluk officials order and they do not have any letter or order copy to give to us. We appealed to the higher authorities and the reply is awaited.
If we do not get proper reply nor get any copies of orders/correspondences what should we do?
Can we file criminal case against our brothers and the Government officials eventhough the civil case is still in the court un opened?
Amarjothi Muneeswaran
Devajyoti Barman
(Expert) 30 July 2010
You pursue your partition case expeditiously as it is the case which will conclusively determine the rights of the parties therein. Though you could file writ in the high court but given the nature of dispute the hon;able court is likely not to intervene.
