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Raj (Finance)     18 April 2015

Criminal case for partition

My aunt who lives in US has given a written affidavit to Income Tax department 20 years ago that she is not interested in her parents property.

Because of this my dad was heavily penalized by Income Tax department.

Now, my dad died and my aunt wants a share in the property.

I want to file some criminal case for fraud/cheating or something as how can someone after giving up the share 20 years ago come and file for a share.

My aunt has also given me affidavit 5 years ago acknowleding that she gave up her share 20 years ago and is issuing another affidavit since the first affidavit was sent directly to Income Tax department by her.

What are the course of action I can take? She already filed a partiiton law suit in Hyderabad.

I need something very quick and effective.....



Learning

 8 Replies


(Guest)

why does your Dad need to get a penalty for her issuing the relinquishment to IT dept..question not clear..

Raj (Finance)     18 April 2015

Because when she relinquished her share Income Tax penalized my dad because they felt was aunt was never interested in the share.....so, they felt my dad lied to them...

Also, becuuse the overall tax value increased as everything was taxed on 1 person.

G.L.N. Prasad (Retired employee.)     18 April 2015

Any relinquishment of property must be in writing and should be registered legally.  However as she has filed an affidavit and relinquished possession and enjoyment of properties, a good advocate may argue in your favour.  How much fee she has filed as Court fee for partition (as if she claimed joint possession, maximum Court fee is Rs.200/- and if she states that she is not in joint possession she has to pay Adv. Court fee on value of property ?  Whether she has admitted of relinquishing her charge in plaint and affidavit ?

Please obtain certified copies of her filed affidavit from ITO through RTI and entrust the task to a capable and dependable advocate, as advises through  forum is not correct process.

Advocate Ravinder (Advocate/Attorney)     18 April 2015

---Though she has given affidavits one 20 years back and another 5 years back, she has every right to claim her share in her parents property.  The affidavits are of no use.  It will be useful only for Income Tax purpose. Instead of affidavits, you should have taken registered release deed by her releasing her share of property in favour of your deceased father. I do not know why you have not taken such step and after a long gap of period you are taking interest now.  Better convince her with the help of relatives, family friends and come to understanding to withdraw the case by paying her some lumpsum amount. For further clarifications contact me 7893011777 or ravinder2345@gmail.com.

SAINATH DEVALLA (LEGAL CONSULTANT)     18 April 2015

UR entire query is not clear, come out with the correct facts for a better opinion and advice.

Raj (Finance)     20 April 2015

Originally posted by : G.L.N. Prasad


Any relinquishment of property must be in writing and should be registered legally.  However as she has filed an affidavit and relinquished possession and enjoyment of properties, a good advocate may argue in your favour.  How much fee she has filed as Court fee for partition (as if she claimed joint possession, maximum Court fee is Rs.200/- and if she states that she is not in joint possession she has to pay Adv. Court fee on value of property ?  Whether she has admitted of relinquishing her charge in plaint and affidavit ?

Still now she has not admitted issuing any affidavit. She is not acknowleding issuing any affidavit so far.

Please obtain certified copies of her filed affidavit from ITO through RTI and entrust the task to a capable and dependable advocate, as advises through  forum is not correct process.

Since the affidavit was issued 20 years ago I do not think its easy to get a copy with ITO. Plus, even the ITO's changed so many times.

Can you help me with the RTI....Also, I need legal advise as to how can I counter-sue my aunt as I rebuild the property once it was damaged by aging and all.

 

 

G.L.N. Prasad (Retired employee.)     20 April 2015

I am doubtful of getting response for RTI from a Third party's transactions, as that amount to invasion on privacy in no way related to larger public interest.

Still, you may attempt to file application to CPIO,ITO as it costs Rs.10/- RTI fee and Rs.22/- Registration expenses and it is not an investment at all if compared with property involved in dispute. A format is being provided for your ready information. RTI experts always advise for filing of RTI Application, seeking any information, and if PIO provides it , well and good but if he denies, first appeal can be made and the maximum expenses may not exceed Rs.100/- in all till second appeal. ITO may change but files remain permanent records as affidavit is on record.  But try.

3.You have to defend only in this case, and contact local advocate who is sincere and dependable.

Application dt....seeking information under RTI Act, before

CPIO, Income tax officer, Ward No.........with

RTI fee: Indian Postal Order No..for Rs.10/- fvg.Accounts officer, ITO payable at...

Applicant:.........................

Brief facts: PAN NO...........Name of Assessee..................Affidavit filed by................

Information only on specific issue of property matter and is not invasion on privacy as applicant is not seeking any information on her financial matters and only on one issue of dispute of family property, in which applicant is also a legal heir and complaint and as such Sec.8 exemption may not be relevant for denying information.

Information solicited:

1)Please provide certified copy of affidavit filed by Assessee stating that she is not interested in property No........

2

3

Place

Date............................Applicant.

(Please send application by Regd., post , preserve IPO counterfoil and postal receipt duly pasted on copy of your application for further appeal)

(Avoid questioning/interrogating and always commence query with "Please provide certified copy of ......

T. Kalaiselvan, Advocate (Advocate)     25 April 2015

The greed for money or property will never end and this can be another case of that nature.  However, if you aunt had not relinquished her right to share in the property by a registered release deed, she is very much right in claiming her share now, since the situation is not amicable, she has knocked the doors of court seeking legal partition as per her rights in it. The affidavit and other maters are to be taken up during trial but as per law she cannot be denied with her legitimate share in the property.  If you have built the house or modified or having taken care, then it was for your convenience and benefit and you have also enjoyed the benefits (revenue) derived out of it, so that way things will be tallied. Even now it will not be late if you work out some compromise modality to settle the matter amicably.


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