Selling family property by my brother & others fraudulently

ashok k rao (Querist) 12 March 2024 This query is : Resolved
Hello,
I belong to Hubli in Karnataka and my late father had made properties (plots/land) in joint names of me, my mother, brother and sister and the documents are also in all the 4 names. I got married and came to Bangalore and travelled across India and overseas with my banker husband. I came to know that my brother has sold many family joint family properties fraudulently without any authorization from me jointly with my mother and sister. I filed a police complaint, FIR and now the case is in the Hubli court for over 5 years and i also filed partition suit. Decision is not coming as expected due to various reasons. Even my brother and others are also not included as Accused in the case till now. Against the court stay order not to sell, mortgage, alienate, rent family properties, my family house is also rented by my brother to a commercial firm, which now i have challenged in the court and the tenant has been included as Defendant in the case. Many new issues are coming up in Partition Suit and Criminal Revision petition also. My brother has purchased many properties from out of sale of family properties even though he has no declared income and my complaint to Income tax department also not moving forward.
Kindly advise.

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Quick Summary

A person is seeking advice after their brother fraudulently sold joint family properties without their consent. Despite a police complaint, FIR, and a partition suit filed in court over five years ago, a resolution is pending. The brother has also rented out the family home in violation of a court stay order, and purchased new properties with the proceeds of the fraudulent sales, despite having no declared income. The situation is complex with ongoing legal challenges and a lack of progress with authorities.

T. Kalaiselvan, Advocate (Expert) 13 March 2024
Since the case is going on in court, what is that you expect from this platform?
Any opinion rendered without knowing the background facts or the case details, it will be a misguidance to you, hence either you give more details or raise a particular question on a particular subject of the case in case you are stuck on any vital issue.

P. Venu (Expert) 16 March 2024
Admittedly, the matter is pending in the Court. It is impossible to give meaningful suggestion unless the documents are perused and issues discussed. This is all the more so because facts posted, as to the court cases, are disjointed and hence, confusing.

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