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Pl.save a lady from builders attacks

Querist : Anonymous (Querist) 25 December 2010 This query is : Resolved 
I would request the learned experts to help to save an innocent life. Details are given below. My sister from Calcutta was married to one in Delhi C.R.Park. Her husband had two elder brothers & one sister. The 2nd brother (late) was an NRI married to an irish lady who is in a old age home in England. The 1st brother (late) has wife who has gone to settle at Calcutta. Before going, she has taken Rs.20lakhs from a builder & told that they can build flats on the land after demolishing the existing one story house of around 2000 sft. The land was give by the Delhi Govt to the father in law (late) of my sister after they came to Delhi from East Bengal. The sister in law of my sister is married to a Punjabi businessman (having one daughter & a son both settled in Canada) & also is interested to take money from the builders. None of the 2 brothers in law of my sister has any child. My sister has one son of age 20 years. The problem is that the greedy wife of my sister’s 1st brother in law had occupied most of the portions of the big house arbitrarily & has put a brick wall for closing a passage which connects the rest of the building leaving just 2 rooms a toilet for my sister’s family to live. Because of showing respect to her age it could not be effectively stopped. There is a queue of builders/unknown people/self styled well wishers who made my sister’s life miserable with advises to agree to take some money & leave the place. My sister & her husband want to stay there. Now, before 2 years my sister had to break that small wall which closed the passage to go to the kitchen garden to remove the ants from the other side of the window & also clean the area. Strangely from no where police from C.R. Park Police station came & arrested my brother in law & took him to Tihar jail. My sister was destroyed mentally & went to Police station next day to enquire & was also arrested & sent to Tihar jail. All for trespassing in to others area. They got bail after 7 days. They are mentally killed. A middle class educated (M.Sc.) girl from Bengal going to Tihar jail for trying to remove ants from the window of her own father in law’s house which was never partitioned is not her cake. Understand that an EX RAW (retired)neighbour who has joined the builders has pulled the string. The builders have paid heavily the Police & they even took photographs which was super imposed showing that a big wall was broken & placed the EX RAW neighbour as witness in the court. The magistrate was also surprised & asked if it is a criminal case. My sister has confessed that yes she had broken the wall closing the passage for the purpose of cleaning the window. The case is coming in 1st week of Jan,11. The problem is which lawyer she has contacted has either tried to sabotage her stand or has shown extreme interest to help her in negotiating with the builders. Her husband is long retired & a patient. Her son also is a mental patient. She runs her family by conducting private tuitions. She contacted a NGO for help & their lawyer also started taking about listening to the builders after 1 hearing. It seems that the builders have purchased everybody she came across. My question is
(1) Frankly, does she has a chance? Is it possible for her to stay in her own house with out disturbance?
(2) Can the O.C.of C.R.Park Police station be brought to books for over acting & destroying a family being influenced by money?
(3) Can the EX-RAW neighbour be brought to books forjoining hands with the builders & police by complaining to police for nothing.
(4) Can any body give phone nos. of reliable NGOs & lawyers with fees affordable to her who will not join with the builders midway.
(5) Can I write a letter/complain to any authority at N.Delhi from Calcutta. If yes who should I write. Police Station is completely purchased & is pressuring her regularly to agree to the builders offer.
(6) What she should tell now in the Court. She is alone & may be punished in a cooked up case after which the builders will force her to leave the place.
(7) What should she do now. Please help urgently. She is alone.



R.Ramachandran (Expert) 26 December 2010
Dear Anonymous,
Though your sister's husband might have long retired and a patient, still he can file a suit for partition?
Till partition is done, the question of selling the property would not arise.
What prevents him from seeking the partition for which he is fully entitled?
More over, what is the details of the case in Delhi, which you say is coming up in the first week of Jan. 2011?
Writing letters to authorities etc., will be of no help.
If you feel, you may send a PersonalMessage (PM) to me through this LCI Forum. Give your contact numbers/email-id also in the PM.
Ajay Bansal (Expert) 27 December 2010
DO AS ABOVE.
pritam taffo (Expert) 28 December 2010
doubt on everybody seems bizarre and i believe all advocates would not be saleable. hope, You get a good lawyer for partition suit.
Gulshan Tanwar (Expert) 28 December 2010
Send me PM.


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