Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Santosh (None)     10 October 2014

Looking for advice

Hi,

I am looking for some advice on my situation to handle. 

We are 2 borhters and one sister and I am younger one. My brother got married in 2006 and has one 1 kid. His family life was in struggle from the beginning of marriage and finally it got worsened in 2012 and she left home and filed DV, 498a Property divide cases on himHe is handling all of them right now. My question is related to property case.  My parents own a house and I am NRI since 2001 and earned money and  purchased several lands and kept on my name. I have records of all my income stmts as well as money transfer to india from several countries that I worked. Now my Sister-in-law filed a case on all of my lands saying that these properties are owned by family not just mine. so she filed for property divide case in court in April 2012. I believe nd as per my research , she or kid has right to ask for share in my parents house but is it legal/valid to ask for share in my properties? All the properties are completely purchased by me. My brother didn't contribute even single rupee in it. Anyway I send money to him to maintain his family as he earns only 8000 rupees. My parents didn't contribute any money as well.  My question is, is this valid case? I believe not. If not, how do I approach Court to release those properties or dismiss the case so I can sell for needy things. Please advise what is the best approach in this case and what do I need to do to get this done faster? I know Indian courts takes long time to look into these type civil cases but when there is no validity in the case why it is so delayed? and not dismissed? Right now, I am back to India to take care of my parents and also I need money to get good cancer treatment for my father. Since I don't have job and income and all my money is kept lands which I can't sell bec of the court case. I really appreciate your best and speedy response on this. 

Thanks for your advise in advance.

Santosh..



Learning

 1 Replies

V M DAHAKE (PROPRIETOR)     10 October 2014

Hi,

 Court proceedings would take its own time and in due course and with proper legal defense and proof, you can protect your properties.

From the descripttion you made, viz, you having no. of properties and your brother only having income of Rs. 8000 pm. which is difficult to even sustain oneself, it would be better to confront with these facts and  try to negotiate and arrive at out of court settlement. Lesser hassles and peaceful life, even if it costs you a little, in my opinion.


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