Hello All,
My father in law, died on 23rd Feb, 2014. My wife is the only daughter, and my mother in law are his legal heirs. Following his death after about a month, his sisters started making claims on all of his property and bank accounts on the basis of an alleged will. They said will is registered in SRO Kannur. However, they are not showing the original will anywhere. Sometimes they say its lost, and sometimes they say its with us.
So, we went ahead and filed an injunction suit & it was granted. They too filed a suit, but, didnt get injunction, which my lawyer told is because of the lack of original will.
However, even before we came to know about the whole WILL thing, they managed to transfer a property into their name, and further to their sons name. So, right now, one of the properties title is in their son's name. We filed for injunction and it was granted for trespassing and committing waste.
My question is:
1. Right now, they are trying to sell the property. I thought when there was a Civil Case on a property you cannot sell it, but, people at the SRO say they still can. I need to stop them again transferring the property, to an unsuspecting person and avoid all complications.
What should be my plan of action?
2. Father in law has some Fixed Deposits in his name. The nominee is my mother in law. However, bank is not releasing the funds. Even though they have filed a suit for injunction, there is no court order against releasing the funds till date. We filed a consumer case, but, the opposite party is delaying it unnecessarily on the hope of getting a court order some day.
What should be my course of action in this case?