Mohan Patil (Research) 15 September 2012

Partition and criminal case

I have filed partition suit. Soon I will get my share and my brother and sisters will also get their share. The property is in my mother’s name. My mother died 20 years back. At that time I was in Germany. My brother and sisters did not take care of my mother. My mother was healthy when I left India to Germany. But within 5 months I heard the news of my mother’s death. My sisters told me my mother died of cancer. My mother was against giving property to my sisters and my brother was also not in good terms with my mother. My sisters took all my mothers gold and also withdrew all her money from bank with the reason of her medical treatment. But they did not take her to any big hospital. They took her to big hospital only one day before her death. My mother’s medical complaint was water filling in her stomach. So my sisters kept her without food and water for more than 15 days. My brother did not care although he knew. My mother’s death certificate says death due to “Irreversible shock with septicemia” According to me it is a cold blooded murder by my brother and sisters and their spouse because of my mother was against giving property to them. Based on the above reason after the partition decree can I go to criminal court and bring stay order against the decree of property to my brother and sisters name?

Reply Follow

4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 September 2012

A murderer and all the people claiming through him/her, is disabled from getting right in the property of the person so murdered. However for that they first need to be convicted of murder. AT this point they would get their share allright. A criminal prosecution for murder at this stage is not possible, it has been 20 years, it can be possible only when even with due diligence this could not have been discovered.

Bharat Chugh

*Advocate Supreme Court of India

1 Like

Mohan Patil (Research) 16 September 2012

This is a cold blooded murder. Such murders of senior citizens take place often in india but no body is there to take the matter to court. Murder with arms, poison etc are only considerd as murder but this kind of murder is not easy to detect and prove. But ther is a saying "kanoon ka hath lamba hota hai" That means even after 20 years there must be a legal solution to book the convicts.

girish rathod (Software Developer) 18 September 2012

Leave ur brother and sister. God will punish them as they are your own blood, forget about the revenge, becuase no mother will want that their childrens should fight land themself in big trouble, They will understand the importance of the mother and father.

Even after that u want to file case. approach some good and honest lawyer. Collect all the evidence what u can get before filling the case, considering the criminal intention, ur brother and sister known about the illness still they didn't admitted ur mother [But this will fall under nigligency, and nigligency is not crime. intention is crime]. You have to approve to court that their intention was to commit crime.

1 Like

AJIT (MANAGER) 19 September 2012

i purchased plot in gram panchayat layout at hyd,with real state company,govt value was 4.12 lkhs,i paid him 5 lks cheque, without making any agreement for sale,after 3 months company took payment from other client towrds same plot an registered him plot.......when i insisted him for registration director of company he excicuted agrement for sale.and registered me the plot again...when i aproched director of company he said it has been done by mistake.nw he has filed an suit for cancillation of sale deed of mine.

my quary is can i file criminal case aginest him after 6 months and what is an amount i can ask him for damages caused by him