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Shashi Kant (md)     24 November 2013

How i can save myself from 156 (3) proceedings for 420, 467,

1 Question -  Need Very Urgent Help In Very Technical Problem And Tough Time In Property Related Matter

 

Respected Sir,

            Actually i am trapped in very very big trouble, related to property matter, very dramatically, no one will going to believe me, but its true and each word is true,

   My brother and mother lives in America from the last 10 years and have green card, he was in love with a Indian girl born in America from the last 5 years, they got married last year here in india, both families came from America to complete marriage ceremony. From the girl side her (father, mother,brother, brother’s wife, her taiya and chaha came from America in the marriage ceremony )

 They lived here here in india for 25 days, and girl and my brother went back.

I was very upset from my life due to my family problem, my bhabhi’s father and her brother along with her mama instigated me that they can get me in America, they can arrange visa for me, but i have to spend 45 lakhs, but i refused that i have not that much amount, somehow they played with my emotions and controlled my mind, and i arrange somehow my all savings of 15 lakhs and gave to them, they said ok no problem other amount you will have to pay when you will enter in America, and you have to pay that amount in instalment after working there. I agreed with them , they told me not to tell anyone about this in your family not even your brother, we will surprise them about your arrival in America, then they all went back to America, and then after 2 months they told me that i have to arrange balance amount to get visa, i spoke with them you told me other amount i have to pay after my entrance in America, then they told me no you have to arrange balance amount otherwise you will have to lose your 15 lakhs which you gave us, we have forwarded that amount to some agent who is doing all the work for you. I was very very upset, because i lost my all savings and even didnot talked on this matter in my family. I told them i have no any money now, please understand me, then they again played with my mind and told me that they will arrange money on my behalf and will give that money in American to agent, but i have to give my property to them , i had no any other solution, either give my property to them or i have to lose my 15 lakhs , i agreed with this hope i will be in America soon, i made two sale deeds of my two properties under their daughter’s name (my brother’s wife) my bhabhi, as they told me and my bhabhi’s mama told me,  and when i was doing sale deed , my grandfather stood in the place of my bhabhi. (that was sale deed) and that sale deed these lines was written i received the sales amount in cash.  (and in that sale deeds no any words were written that i am making sale deed under my bhabhi’s name or she is living in America, only wittenn that name of my bhabhi, w/o my brother’s name s/o my father name  and resident of our Indian house address) and other side my name s/o my father name s/o my grandfather name r/o of my other Indian house address.

              Then after many months , and their again and again excuses, i was very fed up, and very mentally upset because i lost my properties, i lost my 15 lakhs, and nobody knows about it , not even my own family members, i was under very very depression, and i did not got any visa, they did fraud with me and played with my emotions, they i gave threats to my brother’s father in law that i will complaint in police and gave threat to her mama i will do complaint in police here in india, he was a government employee in electricity department (J.E) he and my brothers’ father in law told me not  to worry we will give back your property to you, just follow our instructions, i was in very hurry to get back my properties, then after 10 month’s sale deed i made, they called my bhabhi from America, and she came from America in her’s mama’s house , and her mama prepared  all the sale deed’s papers in the tehsil , he told me just come at this time directly in the tehsil and your bhabhi will made a sale deed in your grandfather’s name i agreed, my grandfather is 86 year old , cannot understand everything, i was witness in that sale deed and that girl (as my bhabhi’s mama told me) made a sale deed under my grandfather ‘s name, but when we went to tehsil complex, i met that girl but she did seems my bhabhi, i told her mama , but he told me no no she is, , she have changed her hair cut  and you only met once to her in the marriage, you forget her, (because i only met 1 time to my bhabhi in the marriage, after marriage my bhabhi and my brother went to honey moon and then directly to America)

              i was to depressed and was in very much hurry to get back my property, i did not inquire everything just i had in my mind one thing just to get back my property, then they went back after making sale deed then again come after 5 days to make second sale deed under my grandfather name and same thing happed they came directly to tehsil complex and called us directly to tehsil complex.

            Then my both properties once again come back to me under my grandfather name. And my bhabhi, her mama (living in india), her one chaha (living in india), her father, mother, brother promised me over the phone they will soon give back my 15 lakhs to me. But after 3-4 months passed they refused to give my money, and openly gave threat to me that they will complain against me and my grandfather that i did fraud with them , with there property which they purchased from me, because that girl was not my bhabhi, she did not even come to india to make any sale deed, that girl her mama arranged, and they made a complaint in the NRI police station from America, then i talked to my brother , mother and father in America, and told them my all problem and what happened in the last 9-10 months, that father in law of my brother, mama, chaha instigated me, won my trust , and told me that donot tell anyone about your America visa we will surprise your brother and father mother in America, when you will ring a door bell of your famliy’s hosue in America, and this way they cheated me, and now made a complaint against us here india, then a very big surprise again came again, my brother told that , that girl cheated them also, she won their trust and they brought 2 hosues in America under her name too. And now she filed divorce case in America and living separately from my brother from the last 7 months.

            Now sir, suggest me what i do, how i save my properties, how i save myself and my grandfather from the 420 case, which we did accidently to get back our lost properties.  what type of case i file to cancel/challange  both the registries , what i do, i consulted  many lawyers, but all told me you will in criminal case now, nobody will going to believe you. But this is true word by word.  I am in very bad situation now, police is calling me to police station , but i just gave them time that i am out of station will come back next week. But its already 3 weeks passed now, no any lawyer suggest me what i do now, all shows hopeless views now, How i can get my property back please help,..  I lives in Punjab.

 

 

Question No 2- (Present Situation )

Hello Sir,

Now in August 2013 SHO , NRI filed my bhabhi’s complaint which she sent against me, my grandfather.

And i registered FIR under section 406, 420 IPC against my bhabhi and her parents.

            Need your support, related to my earlier question (please read my earlier question ) regarding sales deeds of my properties, now a FIR under section 406, 420 have been registered against my bhabhi (brother’s wife ), and against her parents in june 2013, all three living in America .

now they have sent a power of attorney to a local advocate and being  attorney he filed a case under section 156 (3) for direction to SHO NRI cell to register FIR under section 420, 467, 468, 471 against me, my grand father, lambardar,  (in September 2013)  and against my brother who never came to india after marriage or on the time of sales deeds

and now in America judge also charged my Bhabhi and her father for fraud case and summoned to them complaint filed by my mother in America. .

here in india i registered a case against them under section 406, 420 ,   ( June , 2013)

filed a criminal suit against my bhabhi , against her parents, against her brother and bhabhi  (all living in America)   (In NOV , 2013)

another case  i filed is of damages case (NOV , 2013)

and  in OCT, 2013 i challenged both the sales deeds one i made a sale deed in favour of my bhabhi ‘s name  , second she or any other girl on behalf of herself (without power of attorney) made in favour of my grandfather’s name.

 

My need is – I want to stop criminal case which my bhabhi’s attorney filed against me , my grandfather, lambardar ,and my brother under section 156(3) for issuseance of direction to SHO NRI for registeration of FIR under section 420, 467, 468, 471 , and now judge have called report under section 202 from SHO NRI.

Already which complaint my bhabhi sent to SHO NRI from America, already filed by police by saying that complaintent is living abroad, due to that she could not be involved in the investigation , and her statement could not be recorded, so no action is necessary by police,

 

Now tell me how i can tell to judge that already FIR have been registered against my bhabhi and her parents under section 406, 420 , already i have filed civil suit for damages from them, already i have filed a criminal suit against bhabi and against all her parental family under section 500, 506 IPC

 

Already in America judge have charged them under fraud case and summoned to them. 



Learning

 4 Replies

shree (owner)     07 October 2014

Dear Sir,

I am an interior designer and i have taken a project in past july and the client said us that he want to move in in navratras and in earlier stages he was not making payment the total work is for an package of 4 lacs and i intimated hi to release minimum 50 % on advance he didn't he made the payment as 15k 20k 30k like this then also we move forward but now when we are at the final stage we had not completed the work as since last 1 month we had a very big emergencies like mother was in hospital father had a muscular break and etc but this man has changed the lot at so many areas he changed the designs which we didn't finalized then always making nusinace at last he made us an paymet of two hydraulic beds now in the condition of 1 week for delivery but we were not able to do but now when we alreay bought the material and asking him 5 days time he is not ready and he is buying the same thing from home town which will also deliver him in 10 days now he is asking money back and threating me.i had already purchased the raw materials for the same.so now he is threatining me that he will lodge a complaint against me on 420 basis.Help me to get out of it.

Rahul Kapoor (Legal Enthusiast)     07 October 2014

Hello

@ Shree

is there any express agreement between you and other party ?

Rahul Kapoor (Legal Enthusiast)     07 October 2014

hello,

@shashi

judge will normally order the investigation.

whether other party has also applied an application for pre summoning evidence ?

regarding q1 you can take the plea that your consent has been taken by fraud or force.

shree (owner)     11 October 2014

Dear sir,

no we were only having conversations through mails.

no such aggrements and all now he has gone to a cheap level off mailing my other clients off this matter and he ruined my 3 4 clients.


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