rajesh (TEAM LEAD) 01 September 2012

Mysterious deaths and missing criminal case

Hello sir,

I am rajesh. Thank you for your concern to look over the following issue.

My Grand father and mother( from moms side) had five Daughters le A,B,C,D and E. and a son F.

My Aunt A was married and had some issues with her husbend and family and came back to her parents house,and her health got spoiled slowly and she died in parents house. ( that time D and E were not married)

My Mother B is married and living happily and same with the Aunt C.

My Aunt D got married and had issues with her husbend and came to parents house and stayed there.

My Aunt E didnt got married till this.

My uncle F was mentally retarted and treated in Erragadda Mental hospital for projecting better improvement doctors send him back to the house. ( D & E were present in the house with grand parents)

Uncle F was vanished from the house and they never gave police complaint.

After that they fighted with us un-necessarily and we stopped visiting their house.

My Aunt E got married and had issues with her husbend and came to parents house and stayed there.

My grand parents died one after the other. First my grand mom and then my grand dad.( D & E were present in the house with grand parents)

Now both aunts D and E took all the gold,silver,lands and house.

D aunt went back to his husbend house along with aunt E.(Both aunts D and E stays in D husbends house)

All these days D aunts husbend is visting her regularly with out any ones notice.

Now my doubt is aunt D and his husbend along with aunt E would may killed every one for the property. I strongly doubt that my uncle would may buried in the same house.

Can i file a criminal case for checking the dead body of Uncle F in the house since the house is in their handover and they are trying to demolish the house being old one( we stopped it as they didnt share the property equally).

As they didnt share property equally and tookover by them, can be it be proved as a motive of crime for the property even if the dead body didnt available in that house.

In addition, how to recover the property from them and share them along every one equally. There is no will written by any one. In case if it exists they never registered any thing, so will it be valid in court.

Thanks in advance for your effort and patience.

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3 Replies

sumana (practice) 03 September 2012

when did your grand father died ? is it after 1956 ? if yes then all the sisters along with the brothers have got equal share in the property of your grandfather. Since your uncle F vanished fromthe house then pls let us know how many years he has vanished ? if he has vanshed 7 yrs or more than thant time period then he is considered to be dead inthe eyes of law. so his share of property vests upon rest of the sisters (as considered F to be unmarried ) . Now the co sharers of th property is all the sisters irrespective of divorcee, widow or whtatever. All the sisters will get an equal share of their fathers property as their father has died intestate. (i.e. died without making any will) . Your mother can file a partition suit to get the equal share of the property. By filing this suit you have to file an injunction pertition U/o- 39 R-2 of CPC. this petition will help you to prevent your other Aunts to demolish the property as there would be an status quo order for filing this petition.

As far as the mysterious death is concerned you will have to file a misssing complaint inthe local ps and police will do the rest.

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rajesh (TEAM LEAD) 03 September 2012

Grand Father died after 1956...son F is vanished more than 7 years but they never filed missing case with the police..my doubt is they would may killed and buried him in the house so they didnt complaint missing case in the police station, if i complaint in the police station is it enough for that or do i need to mention my doubt with the aunt D and E in the complaint at police station.

instead of my mother being an elder son can i file a case on them behalf of my mother or as a coparcenary since the propery belongs to the grand father.

I have one more concern here..property like two houses and agricultural lands are visible to every one but there was some money in the post office that they have drawn and gold and silver they took for that there is no proof..is it possible for the court to give rights to search in their house for the gold and silver by giving orders to a concerned person.

sumana (practice) 03 September 2012

Let your mother file the partition suit. You or ur mother have to file a missing diary about ur Uncle. you can express ur doubt to police about ur other two aunts but remember one thing..... this will lead to a criminal case. and civil case once initiated before criminal case will not be disposed before the disposal of criminal case. It will stalled for years after years. Before all this u pls deciede what you want : to know who killed ur long lost Uncle or you want to get the share of the property. If u want to get the share of the property then only file a missing diary. if there is any skeleton in the cuppboard then it will automatically come out . you dont have to do anything.

Moreover , as far as the property is concerned make a list of all the properties of ur grandfather including fixed assets , gold liquid asstes etc. and include everything inthe schedule of the property inthe mentioend itbneh partion suit. Just obtain a status quo on everyhting so that they cannot operate any account or sell any gold or silver ornaments. Just cosult a local lawyer he / she will help u out. Let the partition case be filed by ur mother , after that u obtain a special power of attorney for court appearences on behalf of ur mother.

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