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Ram V (N/A)     02 July 2016

I am nri & my brother took my property

Hi,

I am an NRI & I sent money partly to my mother & partly my brother to build a house in Gujarat.

Property is in a joint name of my mother & grandmother & they and my brother, his wife, son & my sister were living in it & myself too when I visited India. I had my own bedroom & my brother had the other bedroom. After my brother's marriage I caught him embazzeling money from my NRI account so he became angry & started abusing & terrorising everyone. So I took my mother & grandmother & moved to a rental place in another city. Then my sister also moved out for the same reason. I have my belongings in my room which I keep locked & visited once in a while & stayed over night. I am still living in a rental palce in another city.

Now my brother has broken into my room & taken possession of it & thus the complete control of the house. He has plenty of money & a 3 bedroom Flat which he has rented out.

10 years before my mother & grandmother died, they made a registered will stating that property was built using my money & hence should be given to me. I have that & they also wrote a possession deed ( called Kabja Rasid in Gujarati ) giving the sole possession of the property to me.

Right now first I want to get my room back.

What should I do ?

I would appreciate all the help I can get.

Thank You



Learning

 5 Replies

Kumar Doab (FIN)     02 July 2016

You ahve posted that:

"Property is in a joint name of my mother & grandmother '..................................................10 years before my mother & grandmother died, they made a registered will stating that property was built using my money & hence should be given to me."

 

In such case you may submit the WILL and desth certificates to the authority under whose jurisiction the property  falls and get your name enterd in mutation records, as per the procedure in force.

In case the WILL is contested it may have to be probated.

The authority may ask to obtain NOC from all legal heirs or obtain probate from court of Pecuniary  Jurisdiction.

.

 

"After my brother's marriage I caught him embazzeling money from my NRI account"

 

You can lodge complaint from time you came to know of it and within limitation period. 

 

"I am an NRI & I sent money ............ to my ................. brother"

 

You can ask to return within limitation period. 

 

"Now my brother has broken into my room & taken possession of it & thus the complete control of the house. He has plenty of money & a 3 bedroom Flat which he has rented out."

 

You may show all docs on record and inputs with a very able counsel specializing in such/family/property/civil/criminal matters and proceed further under expert advise of your counsel and prepare well anticiptaing dispute.

 

 

 

 

 

 

 

 

 

JustAdvisor (IT)     02 July 2016

when did you move out with your mother and grandmother? when did he break your room? which year i mean?

Ram V (N/A)     02 July 2016

" when did you move out with your mother and grandmother? when did he break your room? which year i mean? "

They made the will in 1995 while still living in the house with him.

I moved out with them in 2000.

They both died in 2005.

He broke into my room last month.

JustAdvisor (IT)     02 July 2016

a long period of 16 years has elapsed since true owner parted with possession. limitation may have a role to play. show all documents on records to a very able counsel specialising in property matters at the earliest.

Kumar Doab (FIN)     02 July 2016

By 16 years adverse possession may not be proved.

It may still be possible to act upon the WILL.

 

Have you consulted a very able counsel so far?

 


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