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bala   16 September 2015

Possession of property

My father a citizen of Malaysia bought a land in kanchipuram the year 2005 about 5 grounds 4 grounds in my name and 1 ground in his name He build a 2 story building and used it for commercial and residential purpose We visited him once a year due to work commitment in Malaysia We had a cleaner/caretaker for my father He died on 2014 After few months the cleaner/caretaker removed used rowdy ppl to remove my bed/fridge/etc from my room and removed me from the premises . The local police weren't helpful She brought a lawyer to the police station and showed me that they have filled a ost suit against me, the police said they cannot do anything and asked me to write in statement that since the cleaner has taken legal proceeding, I shall not create any problem and I too shall take legal proceedings " When I saw what I filled in the suit I was shocked .. The cleaner claimed that she does not one me or my mother, and we have taken advantage of her innocence by taking documents from the property and falsly implying that we were relatives of my deceased dad, she also claim that my father and she were married in a Christian church and have enjoyed peaceful possession of the property. She is a Christian . My father and we are Hindu, she also have filled for interim injunction , after the day when she used rowdy ppl they even threaten me to to come back. My mom of old age being afraid for my safety told me to go thru legally ... Since than I have not been to the property... I have a brother and sister as well who are in Malaysia .. When I went to thalisdar to apply for legal heir certificate they said they know there is a problem and advised me that since he(father) is a citizen of anther country, I should apply it in Malaysiancourts, does that mean I do not have possession of my own property? What will happen in legal courts? Would justice be served ? Can I apply for a stay order? I have been thru so much I can't even get to sleep without thinking of it, the thing is she claims she doesn't know us, she send address for service is a place where I have cctv captured her in this premises with my father, where she has worked.. What will the outcome be?


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 1 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     20 September 2015

Since, your father had purchased the property, you mus tbe having the conveyance deed or such documents. Further, she was working as a caretaker and that your father must be paying him fees or slaary by bank transfer or cheque so you need to produce the same. Further, you can obtain legal heir certificate from Malasiya since your father is residing there only.

 

As far the the injunction is concerned you need to ask your lawyer to move an application for ad-interim releif seeking the same. aslo produce the copy of the property tax paid receipts too and the bank passbook to show that all the payments were made yourself or your father. electricity bill payment receipts etc. Local Witnesses to show that you were in occupation and possession of the premises. If you have applied for Aadhar Card, Bank Account opened having the address of that premises can be used as your documentary proof.

 

Regards

Adv. Rohit Dalmia

9324538481

Mumbai


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