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Ketan (Student)     06 February 2014

Property case

I am a victim of false 498a and other dowry related cases. From 2004 till the time we started living separately from 2007, I have spent not more than 3 months with her. My parents were based in another state and my younger sister who is happily married was based in another city. Just after marriage, my wife did not maintain any kind of relationship with my parents and my sister.
 

A year after my marriage I bought a house for which I had taken a loan from a bank and was paying the EMI regularly. Also, I had given mandate on my NRE account to my wife. I have two kids from this marriage. After we separated, I instructed the bank and stopped paying the EMI as my wife was not interested in living a normal life with me.

For purchasing the property, I had given a PoA to my wife, and the PoA says, that my wife can only help me to buy the property and she has no rights to sell this property in any way and in any situation. Despite that she sold this property without my consent and a civil case has been filed against her. Also we had registered a FIR against her, but the police officer is not taking any action against her, despite that there are strong evidences against her. It's a matter of huge money and even I have strong evidence to prove myself innocent in 498a and DV cases.

Since the police officer is not taking action, what should be the further course of action?

Please guide me.



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     06 February 2014

You can complaint with the suprintendent of police to take action in the case.

Jayaram (RETD. Education officer)     06 February 2014

I have Purchased a house on loan . while I purchse the house the bank authorities have surveyed the land and building found that it is located in the survey number mentioned in the application and documents.

Now the seller is expeired.the sellers son is occupying the house and he said that the survey number mentioned in the document is wrong. he said that The seller has given the house to his son thro registration.

Moreover, he denies that he will not vacat the house and the house is not owned by me. The financier also keeping mum. The financier is not taking action against the encroacher of my land and house. What action I have to do now?

The land and building documents are assinged to Finance  authororities.

I need expert opinion.

T. Kalaiselvan, Advocate (Advocate)     06 February 2014

Stop repayment to the finance company, they will jump into the action of attaching the property, then let him fight, you can retrieve after that.

k.Ashokkumar (Deputy manager)     07 February 2014

sir,

 Thanks for providing guidelines for the affected person.I had one query.My mother 

owned some ancestral property.My grandfather died in the year 2003.After his death

his legal heirs of five daughters enjoy the property.In the year 2003 one person who

is a distance relative of my grandfather file a civil suit against the legal heirs of my

grandfather claiming the property by means of a unregistered will.The case is still

pending in subcourt.During the pendency of case the patta name transfer is made in the 

suit properties without the knowledge of legal heirs.Please whether it is right to transfer

the patta name while civil suit is pending in court.what action is to be taken by the

legal heirs to get cancelled the patta name transfer.Please advice.

Jayaram (RETD. Education officer)     07 February 2014

Dear Sir,

I have stopped the payment already. Now the Finance company says that I should close the accounts. How does it possible to close the accounts  without having the house and land. what action has to be done in this regard?

please advise.


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