Experts guidance for filing criminal complaint
T.R. Ganesan
(Querist) 12 November 2014
This query is : Resolved
Dear Experts,
I am a resident and domiciled in Maharashtra. My ancestors have a immovable property in Kerala in which my Uncles Daughter by name Lakshmi alone was living. She was not having any children after her wedlock. She was taken care of by my mother til the date of my mother's death in 1989. During the period Lakshmi was also doing some hosehold work such as grinding wet rise, drawing water from the street wells of the Village for the persons employed her for the domestic service. She was not paid any amount for her service rendered by her to them under the pretext of accumulating the same with respective person. After the death of my mother she continued to stay alone in the Ancestral House which is situated about 6 kilometers away from my mothers house. After passage of time Lakshmi became sick which was not communicated by anyone of the villagers or the Brahmana Samooham a Society registered. But one of the members of the said Society holding the post of President purported to have spend Moneys for the treatment of Lakshmi who died in the year 1994. This incident also were not known to my brother older than Lakshmi, who resides at his mother's house. Now under the guise of certain fabricated documents purported to have executed by Lakshmi the President has occupied the ancestral house and the said Society members also has planted to take over the said property for the Society.
My brothers on behalf of all the legal heirs approached the Society to free the said property and offered to pay the amount spent for the medical treatment and also for spending money for her cremation. Now the said President is making the payment of property tax to the Municipality. My brother had filed a suit for injunction which was dismissed by the Court. Under the circumstances I would request the experts to suggest legal remedy whether;
(1) CAN I FILE A COMPLAINT BEFORE JMFC,IN MUMBAI.
(2) CAN MY BROTHER FILE A SUIT FOR TITLE BEFORE THE DIST. COURT CIVIL SIDE.
Ganesan
V R SHROFF
(Expert) 12 November 2014
Habitual Professional Qurey by ADVOCATE GANESHAN
[ ON BEHALF OF HIS CLIENTS???
ajay sethi
(Expert) 12 November 2014
how is complaint in Mumbai maintainable . ? cause of action has arisen in kerala .
Rajendra K Goyal
(Expert) 12 November 2014
Author, reply the question raised by the experts.
T.R. Ganesan
(Querist) 12 November 2014
Shri. V. R. Shroff,
Sir, you did misunderstand me, experts opinion has been sought in my own case, I did not wish to decide my own case, so I sought your expert guidance and advice and also other learned advise. I would like to give my antecedence and the name and address of my mothers house and the ancestral property and others including the address of Advocate who filed injunction application. Sir, pls for ward your email I will send the details as stated above. Pls reminder your valuable guidance and oblige
Ganesan
T.R. Ganesan
(Querist) 12 November 2014
Pls correctly read last sentence as "Pls render your valuable...."
Ganesan
Anirudh
(Expert) 12 November 2014
Dear Mr. Ganesan,
You cannot file anything before the JMFC in Mumbai, as the property is situate in Kerala.
Therefore, the persons claiming right over the property in question have to approach the District Court in which the property is situate and seek possession, injunction etc. Since none of you are in possession of the property, you have to pay court fee for seeking the relief.
Since the lady i.e. Lakshmi had died only in the year 1994, still there is time for you to approach the court, as you have to do so within 12 years from the date of her death.
Therefore, without wasting further time, you have to get in touch with a local lawyer well versed in property law, show him all the documents, discuss things and then take the matter forward.
Please appreciate that without approaching the lawyer in Kerala (i.e. local lawyer) you will not be able to get anything which you people want to get. Therefore, you have to necessarily approach a local lawyer for your issue.
T.R. Ganesan
(Querist) 12 November 2014
Mr. Anirudh,
I thank you very much for your tangible answer. The experts guidance sought for is not at all for my client. I did seek for myself as I am the legal and rightful one of the heirs. I am sorry to state and regret some experts did misunderstand my approach for guidance. I am very honest professional person wanted to refrain myself as a party in person appear before court of law. I have already instructed one of the leading advocates of Kerala in Palakkad Dist. to draft civil suit. Since I am residing in Mumbai and the property is in my home town, I thought of seeking experts opinion of filing FIR in Mumbai, hence approached this hon'ble forum of experts. Your opinion is worth I will make FIR against the President and associates for their criminal offence or complaint before the authorities in Kerala.
Thanking you once again.
