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Sam   28 October 2023

Benifits of working with a local lawyer for filing a criminal police complaint ?

I'm an an NRI and I'm considering filing a police complaint (Fraud, Breach of trust) for an inheritance related situation. I have all the proof and documentation needed. Wanted to see if it is recommended to work with a local lawyer to do this and how would he be able to help.



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     29 October 2023

You can contact any lawyer of this forum hailing from the place where the property is situated and can engage the services of the chosen lawyer on the terms of the lawyer for the purpose.

Dr. J C Vashista (Advocate and Legal Consultant)     29 October 2023

Contact, consult and engage a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding.

 

P. Venu (Advocate)     29 October 2023

"inheritance related situation"? Unless there are exceptional circumstances, the issue cannot but be of civil nature. The police have no jurisdiction over such issues. 

 

Sam   29 October 2023

The sitaution here is that the nominee who si also one of the legal heirs is refusing to disburse the money (from bank accounts, FD's, Mutual funds etc) to other legal heirs as mentioned in the will. He has also been using the bank account of the deceased for his personal expenses (e.g. ATM withdrawls, enabling UPI and making transactions through his phone).

P. Venu (Advocate)     29 October 2023

Further posting suggests that the dispute is of purely civil nature.

Sudhir Kumar, Advocate (Advocate)     31 October 2023

The said lawyer first of all will be able to

 

1.      Access necessary records on your behalf.

 

2.      Give a considered view  as to whether the criminal (even Civil case)  case is at all made out of not.

 

3.      Take complaint from you and file before Police/Court.

 

4.      Follow up the case.

 

5.      Attend hearing.

 

6.      To convey you the progress/ hurdles.

 

7.      To convey you the dates on which you have to be present in India.

 

However, your presence will be absolutely essential for deposing your evidence.

You can file in person but have be available for day to day progress of the case.

 


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