The battle is long but the victory is yours. File suit for recovery of money with the documentary proof you have against legal heirs of brother. They are liable to pay from the properties inhertated from brother. So far as brother in law is concerned ascertain his properties earned by illegal means and if you can report them the cbi as he is Central Government employee that will be end of him
Power Of Attorney Misused
I gave Power of Attorney to my brother 18 years back to take care of my 2 rental apartments. He used to collect rents, security deposits and used to send me the monthly statements of the money collected. I never doubted about the credibility of the statements due to the elderly respect. Recently he died due to Coronavirus and I took control and started managing my properties. I checked the rent leases and expenses he used to report in my previous statements sent by my brother. I found out that he misreported the rents and expenses and accumulated lot of money. The rents reported to me were lot less than what he use to receive and the expenses were shown higher than the actual expenses. This money is accumulated in crores and now my brother's son, 2 daughters are fighting for my money. In this fight, the three kids are taking my brother-in-law's help who is a govt employee (income tax officer) and he is troubling me. They have my property papers as well. I have statements from my brother and lease documents to compare and show the difference money that was stolen in each months rental income. How can I get legal help in order to get my money and property papers. what are my chances of winning this case. How can I remove or report about my brother in law (a Govt employee) from this situation. Any suggestions are appreciated.
Asked 3 years ago in Property Law
Religion: Hindu
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9 Answers
File poluce complaint against your nephew and Nieces for refusing g to hand over your property documents under section 406 of IPC
2) also issue legal notice to them to return the documents
3) you can sue them to recover money misappropriated by your brother
1. Send a legal notice to your nieces' and nephew asking them to return the difference of accumulated money out of the rent, security deposit collected by their father from the actual facts and figures, as also to return the property papers.
2. They have to return your property papers, as you are the owner of the property. In case, if they do not return the property papers of your property, file a Police complaint against them.
3. Report about the unscrupulous act of your brother-in-law to the competent authority of the Income Tax Department, where he's employed.
The power of attorney deed stands cancelled automatically upon the death of power agent.
You may not be able to recover the amount from a dead person.
His legal heirs cannot be held liable for the offences of misappropriation that he had committed during his lifetime.
You can ask them to return the property documents, failing to comply, you may lodge a criminal complaint against them for stealing the documents.
Your brother in law cannot do anything even if he is an officer in government.
You take possession of the property and manage the affairs by yourself.
1. for recovery of the excess, you will have to file a suit against the legal heirs of your deceased brother
2. as regards the income tax officer, there is nothing to worry about. He cannot trouble you without any legal basis. If you have properly paid the taxes then you can relax. Whatever he does has to be in conformity with the law.
3. you can also report about this officer to the tax department that there is an apparent conflict of interest since he is related to you and is holding you to ransom.
Dear Sir
Send a legal notice and file suit for recovery of money.
Thank you
You can file a suit for the same against the legal heris of your brother to recover the same. If they are the shareholders of any property of your brother they need to pay the same. You can complaint about the said govt employee if he is illegally helping them. Yes chances of winning can only be determined after knowing all the facts and evidence.
If you need any further assistance then you can approach me through kaanoon or LinkedIn.
- As per law after the death of attorney of POA , it loose its entity and having no value in the eye of law.
- Hence his legal heirs cannot use the said POA further for any reasons
- Further , as the accused brother has already died , then for his offence his legal heirs cannot be held guilty .
- Further , you cannot recover the amount from his legal heirs
- However, they are doing wrong to hold the property documents without your consent , and hence you can lodge an FIR against them for the offence of cheating and breach of trust etc.
- However, you can send a legal notice to them and ask to handover the property papers to you immediately .
Hi, Based on the lease documents and statement of your brother you can file a suit for recovery of money against children of your brother. Before filling a suit, first you have to issue a legal Notice and thereafter you can file a suit.
