First you send them legal notice demanding the property papers and your balance money. Later I'd not given you will have to file a suit for recovery of the said amounts with your property papers. For property papers you can get the certified copy from the registrar office. For the income tax officer you can complaint about him in writing in his department for his aforementioned activities as well as file complaint against him in police.
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. Status Update: I am going to India to open the almirah with my brother’s son who is favorable with me. I am worried about the following things and need your advice or suggestions as to how I should move forward: 1. If I go to India without informing them and asking for property papers, my brother’s wife who lives in that house will not let me in or create a scene or call my brother-in-law (who is income tax superintendent). 2. Previously when I asked for my rental account diaries, she denied and messaged that we are harassing her. 3. How can I stop my brother-in-law who is misusing his government authority to trouble me and helping her. 4. If my brother’s wife call police and report against us for just going to the house Please let me know how I can safely get papers from them by following any protocol. Your suggestions will be appreciated.
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
Your are the principal and deceased brother is your attorney. Your title is clear and can be established through certified copies of title deed presuming that originals are with your opponents. You should be prepared for show down with all of them as I don’t see any possibility of amicable settlement. It is long drawn battle but victory is yours.
- Try to obtain papers through nephew without altering them. Otherwise you have to take chance, visit brother’s house, try to seek entry, let her oppose you and create any scene. It will be clear that they are not willing to cooperate.
- You can complaint to higher ups of brother in law, it is serious matter for him if he is interfering in you affairs. He is liable for disciplinary proceeding.
- Let her call police, you have stand on you ground. You can explain the fraud to police.
Unless you have proof of delivery documents, you cannot force them to hand over the same. You have statement of brother and document to establish the fraud by brother. The proceeds of fraud is not with his children. File a criminal complaint against them for criminal breach of trust under Section 406 for the amount cheated and property documents and also file suit for recovery of money with them, seek any transfer of properties to third parties by them as originals are with them. Issue notices to all tenants not to deal with his children.
Send email to your sister in law to hand over title deeds of your property
also send letter by registered post to that effect
3) if she refuses to do so file police complaint of criminal breach of trust under section 406 of IPC
4) if your brother in law harasses you file complaint against brother in law with commissioner of income tax and send copy to ministry of finance
5) fi you are owner of house you cannot be restrained from going to your own house
1. If the property belongs to you and they are not returning it then you can Lodge a police complaint for theft against them and retrieve it.
2. Your brother was the care taker and not she.
Hence she is not liable to answer to your queries.
3. If your brother in law is interfering then you can give a complaint against him with police as well as his department head about the misuse of power to torture you.
4. It is your house, you can issue a legal notice to her asking her to vacate and after that you can approach police agaisnt them for illegally occupying your property.
1. You shall have to first file a Declaratory Suit praying for a declaration that your POA holder had syphoned out your receivables from your tenants keeping it in a separate account which is to be transferred to your account.
2. You shall also have to file an application praying for an injunction upon the opposite restraining them from operating the said account where your syphoned amount has been kept, till the disposal of the case.
3.You can lodge a police complaint against your brother in law about his act of harassment/threats given to you and send a copy thereof to his superior officers seeking relief alleging that he is misusing his official position to usurp money from you.
Dear client,
Power of Attorney can be revoked by principal anytime and your brother died so there is no agent left. You can claim the money legally as it yours and earned from your property. You can file a complain against brother in law if he is using his power wrongly conferred upon him by government. You can write an application to judge in whose jurisdiction your sister in law lives telling him about what the situation and why you expect that action from her.
Thank you.
you need to file a suit against the legal heirs of your late brother and seek possession, rendition of accounts, disclosures, deposit of property papers in court and injunctive reliefs
if yo go to the house and there is any resistance or drama by the wife of your brother then you may land in trouble as she is residing there and so you will have to follow the due process of law by filing the suit as above
however if before going to the house you inform her and she is ok then things can be sorted amicably and without any chaos or ruckus
as regards the tax officer who seems to be your brother in law you need to tell him very assertively that since he has a conflict of interest in the dispute, his involvement in it would be reported to the income tax department for necessary disciplinary action against him
