Hello,
Mr X owns a property through the transfer of property in his name by his mother. The documents are present as he being the owner. This being completely done by mother of Mr X and Ms Y (Ms Y elder sister (Married and has lost husband ) of Mr X) .
Ms. Y has her own property flat from her husband. She has insecurity about her own child who though graduated in recent year and also working now. She wants to secure his and her own future. And is that pursuit she is blind foldedly allowing unhealthy activities of herself and her son and trying to grab Mr X funds and doesnt really care for Mr X.
Mr X has been working outside India and had given POA (in 2005 and not renewed after that..) to Ms Y, Ms Y managed his general investement of sending checks for Insurance and PPF and used the funds from Mr X for the same, Mr X is thankful to Ms Y about the same. Mr X has been a doting brother all along taking care whenever required of Ms Y and fulfilled their wishes for buying stuff for them and also taken them for abroad trips.
Ms. Y has many a times still misused (can say that) her POA by taking funds in huge amounts and using that money for herself and fulfilling not requires luxury wishes many a times without taking persmission from Mr X and also many a times inspite of denying permission by Mr. X. Mr X already is under surprise and shock a tthe behaviour and attitude of his sister . Ms Y has taken tens of lakhs of rupees in such manner
Mx X is worried about the rest of the NRI funds that he had transferred to India that might not be safe under here custody. And there has been time and again misuse of POA rights.
She now wants to eye the flat that their mother had transferred in his Mr X name, claiming daughter rights over property. And also threatened of filing case against him if he doesnt allow the share.
Her attitude towards her brother has been completely parasitic in nature
Question: Is she authorized to do so when the property is in his name legally already done by mother and father who is unfortunately no more among them.
Can she really file such a case.
Mr X works on work permit and has leave issues and worries that a forced leave from job for a month or more might land him into job trouble. Also he is little helpless and worried about how he can go about knowing and handling this situation
What are Mr X options to do from abroad and also if required to do from India then what can be done and in how much time frame.
Mr X also wanted to transfer all NRI funds in India as well as other FDs that mother had made in his name into other bank accounts where she might not have POA rights.
Mr X is worried that mother made FDs in his name are not lost or broken by Ms Y already.
How can we find this out? and if it is broken then how can we fight and claim it.
Appreciate if you could throw some light on this before Mr X really jump into some legal battle. Mr X want to strongly avoid legal battle as it would be highly cumbersome to pursue the same and also want to avoid being getting into such dirty fight with own kin but wants to save his hard earned money and wants to achieve this tactfully without giving her a chance to do any foul play.
Appreciate your time and effort to read this case and share your thoughts and advise.
Thanks so much
Mr X.
