Legal Question in Civil Litigation in India

Property transfer

Dear Panelists,

5 Years back my Uncle took money from me promising me he will pay 16 % interest from me. He took 12.5 Lakhs by variouys ways by telling lot lies. Out of whcich 6 Lakhs he has taken money from my bank account. Now he is bankrupt and cannot pay the money. All the 6 Lakhs money was transfered to his company. His partner is welathy

if I put a case that money was transered to the company will his partners are also liable ?

He was manging partner he has given me a pro note also.

One more doubt we have ancestor property in my village , there are 10 children in my fathers family. For the money if I have to take this propoerty if I get signature from all my unle and Aunty will it be enough or do I have to take signature from thier children also ? One of my uncle has disapered about 10 yrs back no news about him he cannot sign will this create any problem. My uncle who disapeared has a wife nad daughter and they are Indian nationals.

My whole of life savings is gone Pls help me so that I can recover some money.

Pls advice me

Regards

N.S.Kumar


Asked on 3/22/02, 2:43 am

2 Answers from Attorneys
Satish Maheshwari Vakilbabu

Re: Property transfer

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards

Satish Maheshwari.

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Answered on 3/23/02, 2:58 pm
Prabhat Shroff Shroff & Company

Re: Property transfer

Under the provisions of the Indian Partnership Act, you may take legal action against the partnership firm including its partners with regard to the money that your uncle took through bank and gave you a pro note.

In respect of the ancestral property, you may have to obtain consent from all the heirs and their legal representatives. In the case of the disappearing uncle, an affidavit from his legal heirs (wife and daughter) that he has dispppeared and that they have no objection, will have to be obtained.

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Answered on 3/26/02, 6:18 am


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