Death threat to my power of attorney
G.S.RAVICHANDRAN
(Querist) 02 December 2013
This query is : Resolved
Dear Sir
I have given power of attorney to my father in law for my properties as I am living in the U.A.E. My brother living in India is threatening to kill my Father in law. Three months back he attempted to kill him with knife and my father in law had complained at the concerned local police station .I also filed a complaint through Indian consulate Dubai to district superindendent of police. The concerned station police is only talking about compromise and not taking any proper legal action. We have filed suit in high court for direction and the case is under progress. Kindly advice me to take necessary step to safeguard for my properties and for my power of attorney who is taking care of my properties.
Thanks
Yours
G.S.Ravichandran
Guest
(Expert) 02 December 2013
As for as the property is concerned you are the owner and your uncle is just a power of attorney holder unless and until your uncle executes any documents your property is safe.Regarding the threat to your uncle once the court direction is given police would take appropriate action.Follow it up with your advocate. Is there any dispute for you with your brother
ABDUL RAZIQUE
(Expert) 03 December 2013
Already you have filed a complain against the alleged accused if police is not in action, you try to active the complain and proceed the matter through local lawyer.
G.S.RAVICHANDRAN
(Querist) 03 December 2013
Dear Narasimha Sir, I do have property dispute in my family. There is a common house for our family, self acquired by my father,He has written a document stating that I (elder son)shall acquire that house in turn for which I should settle for other 3 brothers & 3 sisters.Witnesses from our village & other 2/3 brothers have signed in it. But he didnt register that document. The youngest brother who is creating problems has not signed in it. He has leased that house to another party. He claimed that my self acquired properties are hindu joint family property and I moved to the court and I have won that case and obtained injunction order against him. In march 2013 All the family members signed a document (Didnt register)in which I agreed to give all of them more than specified by my father and more than the worth of the common house but at the time of registration another brother demanded more and the settlement failed. The youngest brother is in need of money to settle for his divorce case.So he is threatening to kill my uncle if I will not settle for him alone as per the second document telling that he will register the common property for me later when other brother will accept the settlement. I am planning to file partition case. Kindly advise me sir
Thanks
Yours
G.S Ravichandran
Guest
(Expert) 03 December 2013
Sir if your accused brother is so desperate for money and if you are willing to buy his share still his un-divided share could be registered in your favour and you could apply for partition including your accused brothershare and yourself together.(sorry for using the word i just mentioned it for identification)This would put every one happy
Rajendra K Goyal
(Expert) 03 December 2013
Purchase undivided share of your brother through Registered deed. He would be able to get money for his need.
Guest
(Expert) 03 December 2013
Also I have to ask you if your troublesome brother needs the money to settle his wife how about the children Since they would have legal Rights in the Ancestral Property.So while executing the sale deed of un-divided share of your particular brother all these are to be clearly mentioned and ensure both husband and wife sign on their behalf and their children behalf.So that there wont be any issues in future.Once it is done your troublesome brother will not be interfering with you and you would be the absolute owner of your share as well as your T.S.brother.then you could go for partition and your father in law also could be peaceful
G.S.RAVICHANDRAN
(Querist) 03 December 2013
Dear Narasimha Sir
My T.S.brother doesnt have children. The problem in settling the 2nd agreement is that one of my other brothers who has signed in both the agreements vows that he will never register the common house for me . If I will settle for 5/7 members and without the signature of the 6th one for registration I can not acquire the house. So I cant settle for T.S brother alone first.
Pls advice me sir.
Thanks
Yours
G.S.RAvichandran
Raj Kumar Makkad
(Expert) 03 December 2013
So far as criminal issue is concerned, if police is not taking action then file complaint under section 156(3) of criminal procedure code against your brother through your father in law.
Civil matter of your family is required to be settled amicably failing which through court without impleading your father in law otherwise such situation may arise again and again.
Guest
(Expert) 03 December 2013
I had already advised you could always purchase and register the unregistered shares from those who are all willing and finally go for partition with who is not willing obviously you would have the major stake
T. Kalaiselvan, Advocate 
(Expert) 03 December 2013
Firstly you have not stated that whether your father has left a Will or he is still alive. If your father is alive, nobody can claim any share now because it is his self acquired property, suppose your father is no more now, the so called document he has written is of no use until it is registered, if it is a Will, it has to be probated. This document will not be held valid because there is a dispute among the heirs over the share hence the best solution is to go for a partition either amicably or through court of law. As far as your brother's quarreling and threatening attitude, if the local police and the SP is not following procedure, your power agent himself can move a private complaint before the Judicial magistrate of your jurisdiction on his own behalf. Last but not least, try for amicable settlement instead of making simple issues more complex.
Guest
(Expert) 03 December 2013
It seems that your youngest brother is angry with your father in law since he feels that your f.i.l only stopping you from settling him.Talk to him and sort it out what i had suggested would be the simple remedy for you
G.S.RAVICHANDRAN
(Querist) 04 December 2013
Dear Kalaiselvan sir, My father passed away in 2003
Thanks a lot to all the lawyers for your vauable replies.
Yours
G.S.Ravichandran
