Sir,
I request you to kindly guide me in the following issue.
My Brother along with my parents were falsely booked under 498A in March 2011. My Brother and parents stay in Chennai, Tamilnadu. The girl stays at Kakinada. My Brother was arrested in Chennai with out prior investigation or prior intimidation. He was taken to Kakinada by a private vehicle and handed over to Police at Kakinada.
My Brother works as a Manager in a leading Bank. Now the case is under Trail. In the allegations it was stated that my brother’s father left his house at Kakinada (whose whereabouts are not known till date) due to my brother’s conduct.
We tried to find out the actual facts behind this allegations and found some shocking facts. Please guide us as to how to use these facts to our advantage and try to come out of this case and get divorce for my Brother. Please trust me that we never harassed or demanded dowry. We feel that she has illicit relations with her Brother-in law who stays at Kakinada.
Information found regarding her father missing.
The Girl’s mother has filed a man missing case in Police station stating that her husband is missing. The signature on the complaint copy does not match with her actual signature. Further during cross examination with regarding to 498A she has once again stated in the court in the presence of the Magistrate that her husband has gone missing and is not traceable till date and also confirmed that a complaint is lodged in the police station.
In the mean while they ( Mother-in –law along with the Three daughters )happened to sell a property standing in the name of My brother’s Father in law who was reported missing. Upon scrutiny of the sale deed it was found that in the sale deed they have mentioned stating that my Brother’s father in law has expired on 15-05-2011 and have sold the property. But during the cross examination of 498A my brother’s mother in law has informed during the trial that her husband i.e ( my brother’s father in law) is still missing and where abouts are not known in the month of july 2012. When this sale deed was shown to her and enquired about the fact stated in the Sale Deed that her husband is no more she stated that She had instructed the document writer to mention that her husband is missing but the document writer had by mistakenly mentioned that her husband has expired.
It is very clear that there is a contradiction of fact and it is not established where my brother’s father in law is missing or expired. HOW TO FILE A CASE AGAINST MY BROTHER’S IN LAWS IN THIS CASE. To my knowledge any property in the name of a person reported missing cannot be transferred either to legal hiers in the absence of any will be it registered or unregistered until a minimum period of Seven Years. But this sale has taken place before that period.
Further my brother is having a son of age 3 years. Does this minor have any share in the property with regard to this case.
Whether my brother will become a legal hier in the event of his father in law expired without executing any will.
MY CONTACT DETAILS
M. MURALI
Email: muralimkvb@yahoo.in
Mobile:9716745199
