Dv interim order
VIVEK
(Querist) 15 August 2013
This query is : Resolved
Dear Advocates,
I am an NRI for the past 18 years born and settled in Bangalore since 1965. I have been married for the past 12 years and have a daughter and all of us are living in kuwait since then. An aged woman who was working in my flat in Kuwait during 1999 as a house maid had induced me to buy a property in Kerala during her vacation.I had entered into an initial agreement with the seller in 3 days and left to Kuwait immediately after entrusting the registration of property in my name after the seller receives complete amount from my personal bank account in 3 months. I made all payments to the seller in 3 months from my bank account. However, the aged woman registerd the property in my name and as well hers claiming to be my wife in the January 18,2000. Then she escaped to Kuwait and was in hiding for 12 years with all the documents in her possession. All my efforts to trace her and property went in vain as I did not posess any documents except the bank statement of cheque transfer. I am paying the price for carrying out a land deal in such a hurry. It was crimianl breach of trust on the part of the aged woman. Meantime she rented the house and the land during the last 12 years. She is orignally a resident of Tamil Nadu and her husband is currently alive and we have obtained her family card and given as proof of manipulation to the court. As I could not locate her as well as the relevant documents during last 12 years I could not register any compaint with the authorities. Meantime, in 2007 she obtained my death certificate(a copy is obtained from the Panchayat under RTI act as the neigbour tipped me of such criminal act and given to Magistarte during the first hearing) when I traced the property in June 2012. Please note that she had obtained a forged Marriage certificate as well to authentcate the property ownership. When I traced her through some connections in Kuwait she returned to India and filed a domestic violence case and took a restraing order which is being heard in JFMC court in changancherry and she did not attend any 6 hearings in the last 6 months. I have given GPA to my brother to reprsent me. The Magistrate is just postpoing the hearing. How long can he postpone it despite producing enough proof a false case and my lethargic advocate did not advise us to file an appeal in the sessions court within 30 days. We filed a an appeal after 6 months and is due for hearing in the sessions court on Sept 30,2013. Kindly advice us the maximum time limit for the Magistarte to give a final verdict as the women is not attending any hearing. The is a classic case of cheating and manipulation. A criminal suit has been filed in March 2013 before the same JFMC against the old woman and her daughter and son-in-law who all deeply involved in this crimina conspiracy to usurp my property. The JFMC have ordered an invsetgation by forwarding the case to the Local Police and an FIR is registerd in March 2013. However, Police have not made any effective investigation due to politcal influence as one of local Panchayth leader is involved in the issuing the death certificate. They are bribing the police to go slow in collecting the evidence and they have not made any arrest despite 6 months has lapsed after the FIR.
Thanx
Vivek
Devajyoti Barman
(Expert) 16 August 2013
I think you have taken all the necessary measures you could have taken in your case. Now only thing you can do is to wait patiently as the judicial system in India works at snail's pace and it would take time for final verdict.
Try to get physical possession of the property in the meantime.
You may engage another advocate who would keep close watch on the developments of the case and would try to expedite the cases.
Rajendra K Goyal
(Expert) 16 August 2013
Keep a close watch on the development of the case. The verdict may take time. You may meet higher officials of the police for expedite of the investigation. Continuously follow the progress of the investigation through RTI also. Engage another lawyer if not satisfied with the present one due to his working and lethargic attitude.
VIVEK
(Querist) 19 August 2013
Thanks a lot for your reply. Let me know the legal steps to be taken to take the possession of my land. The DV order restarins us from doing so. Also since last one month the old lady has rented out one portion of the house to a single working woman with two kids. Also advice me whther it is OK or not as I have sent the RTI request to State Information commissioner?
ashok kumar singh
(Expert) 20 August 2013
I agree with the opinion derived from Shri Devajyoti Barman...........
VIVEK
(Querist) 29 August 2013
With Respect to the above case, our counsel has made a wrong statment without our knowledge(may be he has done for the argument purpose) that the registered documents pertaining to the property was with us from Year 2000 to Year 2007. This is not true. The registered documents actually received by us only on 14-12-2012 from the old lady's sister. To this effect the sister of that lady has signed a handover agreement with us on 14-12-2012. After almost 13 years(the property is registerd in 18-1-2000) we came to know about the fraud committed by the old lady as she had named herself as co-owner(wife) in the property. The counseld had stated that the old lady took the documents from us for re-survey purpose in the year 2007 and hence tried to sell the property.He made this probaly to match the detah certificate date 25-10-2007 so as to prove that the old lady forged the certificate for gain. He has also mentioned that the language of the Registered documents were in Malayalam which I & my wife do not know how to read. We only came to know of fraud in registartion in 2012.
Our New counsel told us that this statement is proving to be detrmental in our case due to Limitation act.
Hence I would like to know whther any ammendment/correction can be made to our petition filed 6 months ago. The petion was mad in Malayalam language and my brother(GPA holder) doe not know how to read. The new counsel has pointed out this mistake in our petition. We have never made such submission either orally or written communication to our counsel. Kindly suggest legal remedies to correct this mistake in order to overcome the limitation act.
Shonee Kapoor
(Expert) 30 August 2013
The statement by advocate is your statement only.
Also it is assumed that the contents of the plaint is explained to you in your language.
This may not stand in court.
Regards,
Shonee Kapoor
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If you don't fight for what you want, don't cry for what you LOST.
VIVEK
(Querist) 01 October 2013
An Update on the case. Please advice.
The Lady was arrested on 26/9/2013 as her AB was rejected by the Sessions court. However she was released on bail on 29/9/2013. The son-in-law and daughter got regular bail and all the three accused are adviced to report to the police station once a week. Meantime, we have filed a review petition before JMFC about the false DV case. The next hearing on the false DV case is scheduled on 15/10/2013. The Magistrate was on holiday on that that day and the next hearing has been postponed to januray 15,2014. It will be the 8th hearing and the petioner lady has vanished(niot attended any hearing) after clandestinely obtaining the resident order. The resident order was obtained on a so called prima facie evidence which is a bogus Ration Card and a forged marriage certificate. During the previous hearing on 30th Sept, 2013 we had given evidences obtained under RTI to prove that the supporting documents filed by the petitioner with DV affidavit is forged. Serious observations were made by the sessions court against the accused while rejecting the AB bail of all the three accused. The same magistrate who gave ex-parte resident order has given the regular bail to all the accused. Despite all these evidences the magistarte has adjourned the hearing 7 times and it will the 8th hearing after one year since filing the DV case on 23rd January 2013. I am unable to take possession of the property even after one year since filing the false case
Any advice please. What are the next steps. The Police have promised us that they will file a charge sheet with respect to our criminal case within next two weeks.
Thanx
VIVEK
(Querist) 20 October 2013
Please advice us
Devajyoti Barman
(Expert) 20 October 2013
The Magistrate is indeed delaying the hearing for reasons best known to him.
File application in the high court for quashing u/s 482 crpc. The same is unlikely to be allowed but the High Court in all likelihood would pass order for expeditious disposal of the case within a given point of time.
VIVEK
(Querist) 21 October 2013
Dear Devajyoti Barman,
I really appreciate your suggestion as my advocate is in discussion with a HC lawyer to go ahead as per your suggestion.
Meantime, the old lady procured two passports. One in 2002 from Tirunelveli (Tamil Nadu) and travelled to Kuwait on a house maid visa. After arriving in Kuwait she ranway from the agency and retuned to India in 2007 using an exit pass(in lieu of passport) during amnesty period. This passport contains her original address and her husband name in Tamil Nadu. Then in 2007 she obtained another passport from Kerala with my property address and travelled to kuwait on a house maid visa until her final return to India on 18/1/2013. She currently holds that passport. I tried to file an RTI request seeking details of her passport in Tamil Nadu but they rejected as they are not supposed to divulge private info. obtaining two passports with different details adress and different husband names is a crime. However, in the absence of such info i can not proceed with another forgery case. Kindly advice.
VIVEK
(Querist) 21 October 2013
Another Querry,
As the accused lady being old and suffering from some ailments, if she dies during the trial stage of this cheating / forgery case, does it affect the petitioner in any way in terms of property sharing, if the accused old lady's legal heirs Daughter, son, son-in-law and grandson file a suit to claim a share in the property. Please note that We have provided all the solid proofs of financial transaction took place between the actual buyer(petitioner) and the seller. Advice please. Thanx
VIVEK
(Querist) 21 October 2013
advice please
uttamtibrewal@yahoo.com
(Expert) 24 October 2013
dear Vivek
Its better to engage another lawyer for you case and shall file a peition in court for speedy trial of ur case...
Devajyoti Barman
(Expert) 24 October 2013
Yes, her legal heirs may fight litigation.
Rajendra K Goyal
(Expert) 24 October 2013
Agree, her legal heirs may fight litigation.
VIVEK
(Querist) 08 September 2014
The Current status is that the DV Case has been summarily dismissed as on 22nd June 2014 without any reliefs to the old lady. The final order does not mention about the old Interim order in which she had been given reliefs such as Residential rights and a advice to the Sub-Registrar office preventing the respondent that's me from alienating my rights over the property. Under these circumstances, should I apply specifically to the same court cancelling the earlier interim order or does it by default the court will advice the concerned authorities. Please Advice.
Meantime, 10 days before the judgement in the DV case, the advocates of the old lady fearing an adverse judgement after the trial stage had filed a almost same case(word by word same petition as DV case) in the family court which dismissed the case after three hearings stating that as per the Section 7 of FCA, this case is not admissible in the family court. Meantime, we have already filed a civil case for declaring the existing registration document as null and void and give an Order to the sub-registrar to re-register the property to its legitimate owner, that's me. The criminal case is under trial stage summons have been issued to all the accused. The next hearing in the case is posted to 15/3/2015.
I would like to know under these circumstances, I want the old lady to be evicted from the property. Hence,kindly advice me proper legal steps so that I can take physical possession of the property.
Thanx
VIVEK
(Querist) 15 December 2014
The Current status is that the DV Case has been summarily dismissed as on 22nd June 2014 without any reliefs to the old lady. The final order does not mention about the old Interim order in which she had been given reliefs such as Residential rights and a advice to the Sub-Registrar office preventing the respondent that's me from alienating my rights over the property. Under these circumstances, should I apply specifically to the same court cancelling the earlier interim order or does it by default the court will advice the concerned authorities. Please Advice.
Meantime, 10 days before the judgement in the DV case, the advocates of the old lady fearing an adverse judgement after the trial stage had filed a almost same case(word by word same petition as DV case) in the family court which dismissed the case after three hearings stating that as per the Section 7 of FCA, this case is not admissible in the family court. Meantime, we have already filed a civil case for declaring the existing registration document as null and void and give an Order to the sub-registrar to re-register the property to its legitimate owner, that's me. The criminal case is under trial stage summons have been issued to all the accused. The next hearing in the case is posted to 15/3/2015.
I would like to know under these circumstances, I want the old lady to be evicted from the property. Hence,kindly advice me proper legal steps so that I can take physical possession of the property.
Thanx
