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Arshi   18 May 2021

Property issue

My Maternal Grandfather built a school and after his death, it belonged to my mother as she was the only heir. However, when my Grandfather died there was this person working as the manager of the school who came to our home on the funeral and told my mother that now she will be the Chairman of the School and made her sign some papers. Now this person is actually one to whom my Grandfather gave shelter and took care of his education since he was a child so he was like family to us and that's why my mother trusted  him and signed the papers. Now, after some time we realized that those paper were not the papers for taking the position of Chairman but of resigning from the position, we later realized that the manager was involved with my  Grandfather's brother who himself wanted a share in the school and they together planned this and kicked my mother out of the school. 

What legal remedy do we have now? 



Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     19 May 2021

Your issue needs a remedy immediately.  Obtain all such copies of documents that were purportedly signed by your mother and seek an opinion from a local advocate and he may advise you to file a criminal complaint depending on facts as the process is said to have taken place during the funeral or within 13days from the date of the funeral when your mother is disturbed and as the person who obtained signatures of your mother is trusted servant.  Please do not depend on online or postal guidance, when immediate action is the need.

P. Venu (Advocate)     19 May 2021

No definite suggestion is possible based on the limited facts. Any action requires that all the aspects related to the establishment and management of the school needs to examined before any course of action could be suggested.

T. Kalaiselvan, Advocate (Advocate)     19 May 2021

The property that belonged to your deceased grandfather automatically devolves omn is legal heirs.

The people who plotted to grab this property fraudulently cannot do so legally.

Your mother should establish her rights by sitting in the office of the school s the chairperson in the capacity of legal heir to your deceased grandfather.

If those people object to this based on the papers she signed, she can challenge the same that they have been fraudulently obtained hence she is not bound by it. She can even lodge a police complaint against this fraudster. 

Besides she can even file a suit for permanent injunction against the manager restraining him from interfering in her possession and enjoyment of the said property.

Dr J C Vashista (Advocate)     20 May 2021

File a complaint for cheating and fraud committed by the Manager.

Besides this, move to civil court of jurisdiction for cancellation of the documents allegedly involved in such unauthorised and illegal action.

It would be better to consult and engage a local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceeding.

sneha jaiswal   20 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that: 
Acquire all such duplicates of the documents that were purportedly endorsed by your mother and consult with the lawyer and he will advice you to file a criminal complaint under Criminal Breach of Trust under Section 405 of the Indian Penal Code, you will get a remedy for your grievances.

For Better Guidance, please seek help from a lawyer.
Hope it helps
Regards,
Sneha Jaiswal
 


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