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Lakshmi   27 March 2016

Unable to communicate with co-owner of property

Hello learned counsels, 
 

In 2007, my father - using my husband's POA - purchased a plot jointly in the name of my husband and my brother's wife. Since then, my relationship with my brother and his wife has deteriorated to the point of no return. Efforts to contact my brother to communicate about disposing of the property are not bearing fruit as he has blocked all communication from me and my husband. My parents are unwilling to interfere.


This has created a lot of head-ache for me. Both my brother and I no longer live in India. This has added complications. How can I force my brother and his wife to communicate with me or my husband in this matter ? We are willing to either sell the property to a third party, or if he wants - then my brother can buy out my husbands' share OR we can buy out his wife's share ? We don't mind any options, as long as we can get out of this bad investment decision to buy property jointly with my sister-in-law. 


Kindly also advise on legal options also, if my brother and his wife continue to refuse to communicate with us in this matter. 
 

Thank you.


Sincerely, 


-Lakshmi 



Learning

 5 Replies

Advocate Ram Prasad (Chief Lawyer)     27 March 2016

Dear Lakshmi madam Where is dis prop. Have u contacted ur local lawyer who can advice after goung throw ur docs. Legal remedies r there ofcourse. Cell +91-91777-22930

KS Johal   27 March 2016

If communication is difficult then the only option you will have is by putting everything down on a piece of paper and delivering it via a lawyer. This basically means that get a good lawyer who could do this for you.

dr g balakrishnan (advocate/counsel supreme court)     27 March 2016

would u file 420 case against yr father? why yr husband gave POA? there are no detains on this aspect how do u expect yr advocate help you.it is clear case that yr husband is clearly imprudent when he gave POA , when there spl POA system available just to counter these kinds of issues, you have just only a civil suit r=that would be very long drawn affair  besides expensive mdm.  tks

dr g balakrishnan (advocate/counsel supreme court)     27 March 2016

Litigations arise de to imprudent act, no law supports imprudent people as imprudence to take care one's property people lose property under adverse possession law, do u understand why adverse possession law is on statute books?

dr g balakrishnan (advocate/counsel supreme court)     27 March 2016

Problem today is law of contract is most misuderstood Act. POA itself is a type of contract. sec 19 fraud applies successfully if yr husband properly did his POA, people always look for loop holes like  yr dad did so yr  brother, plead of 'innocence' makes no relief under indian laws; law expects you to be not a lunatic or mad meanswhat in the contract - obvious it is you have to have due diligence in you,

might be u r good but selfishness rules the roost everywhere, see lawyers suggest find a lawyer means what, though it is obviously difficult to fight the matter knowing fully well, they suggest litigation, so selfishness is every where.

 

i wrote an article on the philosophy of contracts which is published in fb as also on advocates assn of india  that explains how even Art 366 cannot be used by parliamentarians as the UK parliament though much more powerful than the indian parliament never dared to modify Magna carta or the bill of rights in the UK; but here your parliamentarians tread on anything and they would face a lot of problems, as cfontracting idea is based upon yr ideation but ideation shd be viably read on the present suituations only not just countering past confirmations, well explained by Gita when Draupati very rightly questioned her husband yudhishtra when he kept her as his bet stake , how he can was the question when he is a nonperson when he lost himself in the bet in the dirutharashtra's court;

 

laws are well expained in mahabharatha than modern treatises just because decoding is indeed very poor today of the basic ideation is in the issue.  

here yr husband gave POA without understanding implications likely to arise on his  POA.

 

it is like operation- patient dead but operation was successful. 

 


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