Our parental property viz two story house had been bequeathed by our parents by their Wills (father's will not registered but witnessed by two persons mother's registered). Father died in 1996 mother in 2007) amongst their three children elder daughter, only son and younger unmarried daughter. Myself the elder daughter is the executor of the wills. I have never taken action as per will because of my brother’s wife who will make hell of life of my brother. My unmarried sister was staying in ground floor as per parents will and my brother on first floor as per will. Second floor my share as per will till not constructed by me. I am staying at rented flat. I have retd. From govt service my unmarried sister taken vrs and my brother to be retired from govt service in 2020. My sister frustrated of living there since we are not in talking terms.
but my brother's wife and son were against sharing the same with us.
The relation worsened when my brother started some construction on second floor and did not stop despite complaint to RWA and Legal Notice. The matter had to be put up before Court and construction was stayed by the Hon'ble Court. We tried settle the matter by mediation but Mediation failed due to interference and demands made by my brother's son and subsequently on my brother admitting that he had raised the construction, the Hon'ble Court passed a Decree in our favour. Inspite of this my brother's wife and her son have been vehaving in a very aggressive and belligerent manner towards us and trying to throw us out of the property thus we have filed a partition case in the High Court of Delhi and stay was granted in our favour.
That we had suffer lot of harassment of lack of electricity water abuses etc but when they broke into our ground floor and locked us inside for six hours we had to file a criminal complaint case in the Metropolitan Magistrate's Court to direct Police to take action against them.
IN the meantime my brother telephoned me and expressed his regret and unhappiness for his actions and wanted to amicably settle the matter. I agreed to meet him.
I felt that my brother was under tremendous pressure from his wife and son to fight withus. My brother knew that he was wrong and wanted to resolve the matter amicably but was not being allowed to do so. I also felt that my brother was being pressurised and forced by his wife and son to take a wrong stand for the sake of property while he wanted to end the court matter and settle amicably.
But it is very unfortunate that my brother is no more.he has committed suicide. After the sad incidence my brother's family vacated the house and present address not known to me.
On 29th May the case was heard ar high Court and no body attended the case. Next date is 15 July and 7 June is date for criminal case ATR.
Here I would like to mention that I have full faith on my advocate.
IN the above scenario I have the following dilemma.
Should I withdraw the Criminal Case because from the core of my heart, I do not want anything further bad happened to my brother's family.
If my brother's family not contest the case, the judgment may be ex perte.
If they do not come how mutation will be done.
Or
I should wait and watch.
I do not want to deprive off my brother's family property should be equally distributed amongst us.
Please guide me.
Regards
Maya das
New delhi
