Legal Question in Wills and Trusts in India
my grandfather had given properties both self made and ancestral to my mother and father through will , but father sold all those properties and bought new properties in his single name . now he is niether taking care of my mother and is not on speaking terms with any family member and also refusing to give her /our share in property therefore she wants me to get her share in properties so that she can also live respectfully in society . can she give me power of attorny to take possession of her share in houses/shops etc even though those are in single name of my father but were purchased by selling joint properties . pls advise what else can be done as my father has made fool of my mother/all family . can criminal case be lodged against him for cheating.
2 Answers from Attorneys
yes, a criminal case of criminal breach of trust, fraud and forgery is made out and you can also file a civil suit for recovery of possession on behalf of your mother and the attorney is valid.
File suit for declaration that property is ancestral and for partition and separate possession after a legal notice.
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