Legal Question in Civil Litigation in India

Check with registrar where the spa was registered, examine and procure a certified copy from the office.

Get the spa and all other documents to a lawyer for proper opinion in this case.

Kind regards

Setu Niket

Advocate

+91-9873109672

27.01.2013

Dear Sir,

Undergoing psychiatric counselling and treatment in no way infers that the person is insane. Your brother-in-law is in his senses and in fact knows and understands matters better than your wife. I mean, he will be doubly cautious before signing any papers and giving his consent thereto.

As already pointed out by my fellow counsel, you need to ascertain and verify the authenticity of the sale deed which may have been executed by your father-in-law in the name of the spa owner, prior to him taking sanyas. A missing person, if not traced for a period of 7 years from the date he / she has gone missing, is deemed to have been dead.

If the sale is genuine, you can forget about reclaiming back the property. If there are flaws in the sale deed, you have recourse with the legal heir(s) of the deceased spa owner.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for further on-line advice at [email protected])

Let me get the facts as stated by you.

1981 - SPA issued in the year - by your Father in Law.

1984 - Father in Law took Sanyas.

1988 - onwards father in law is nit heard of.

2006 - Sale concluded.

Sale is concluded after nearly 8 years - which is beyond the period prescribed by law - when on can presume a person to be dead. Once a person can be presumed dead the SPA becomes non-operative.

You may have only this ground - as your wife being a daughter is entitled to a share in the property and you can also claim from SPA's L/Rs your money because a person holding SPA is not an owner he is a mere trustee.

I hope this helps.