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nijjhar
June 14th, 2010, 06:40 PM
Hi,

I came to Britain in 1957 and studied to M.Sc. and became a lecturer. I have my inherited land about 108 Kanals and my real sister asked me for a Power of Attorney to manage it. I trustingly gave her General Power of Attorney.

After a year, she and her husband hatched a plan to fleece me of my land. They asked their younger son to lodge a court case against me that I promised to let him have the property. They created witnesses and stealthily got the property transferred to their son whilst my sister stealthily represented me in the court.

After the whole affair, I was informed of this dirty trick by my villagers and I instituted a court case to recover my land. This was done in 1987 and so far I have not been able to regain it.

My late father left a Will in favour of me and that has been accepted by court and about four years ago, I had the Judgement in my favour. But the Crook relations lodged an appeal and it has been over 3 years, the court has not heard this appeal.

The boy in whose favour the land was transferred has done law himself and he has told me that I will never get my land back never insituting a case of Fraud, etc.

This is the situation. What is your advice please?

rocker88
June 15th, 2010, 04:08 PM
There are lacs of persons in this world who are victims of such relatives..What type of help you expect on jatland b'cos you have already best lawyers etc.. & here nobody knows your family conditions etc which are needed b'fore giving any advise etc.........



Hi,

I came to Britain in 1957 and studied to M.Sc. and became a lecturer. I have my inherited land about 108 Kanals and my real sister asked me for a Power of Attorney to manage it. I trustingly gave her General Power of Attorney.

After a year, she and her husband hatched a plan to fleece me of my land. They asked their younger son to lodge a court case against me that I promised to let him have the property. They created witnesses and stealthily got the property transferred to their son whilst my sister stealthily represented me in the court.

After the whole affair, I was informed of this dirty trick by my villagers and I instituted a court case to recover my land. This was done in 1987 and so far I have not been able to regain it.

My late father left a Will in favour of me and that has been accepted by court and about four years ago, I had the Judgement in my favour. But the Crook relations lodged an appeal and it has been over 3 years, the court has not heard this appeal.

The boy in whose favour the land was transferred has done law himself and he has told me that I will never get my land back never insituting a case of Fraud, etc.

This is the situation. What is your advice please?

parv_singh
June 19th, 2010, 02:04 AM
See if you can somehow get it highlighted in Media like TV etc.

amans
June 23rd, 2010, 12:02 AM
Don't trust relatives specially in matters of money. Even a sister is doing this to her brother! Now days you cannot trust any one. Some time back some people were singing praises of person who living in US. He was even said to be giving references, encouraging people to study abroad and going to India and donating money to jat association in the capital city there. But do people know about his past conducts? Nope. Now days relatives will take your money/property and leave you homeless and show any regret. And relatives include children too.

nitindev
June 23rd, 2010, 12:44 AM
Sir Nijjhar,

Of course it is saddening to know about your plight. The fact that you are not alone facing such treachery, should be able to mitigate your frustration and pain little bit. There is no point going to media as there are thousands of such cases and if you make it in the news (if your are lucky/or unlucky) then you would be only there for 1 day. The options that you many have depend on many factors, such as your attitude and resources you have. But among all the option at least one thing I can advise is that stop burning your heart and focus on the future and have optimistic outlook on the more important things in life. It is easier said than done but eventually this is what it is. Parallely you can pursue whatever option you think is good.

और जो हमे लठ ले कर चलना हो तो बता दीजियेगा.

राम राम
Good Luck.

raj_rathee
June 23rd, 2010, 05:22 AM
Saccha sardar hisab kitab karna jaanta hai, right? Make them an offer they can't refuse ;)
Err, chacha, umar likad li. Eeb kyan ka darr??? Dhooma thaa dyo. Bharat sarkar and legal system ain't gonna do much justice.
Aap ko hi karna padega.

yudhvirmor
June 23rd, 2010, 05:08 PM
Kabu Sacha jagda Jutha...

I think you should move on in life as you also know that you won't get your land back now.

If you are the legal owner, Sell it off to some gang at half price. They'll sort it out...

vijay123
June 24th, 2010, 04:20 AM
Sir,
If court has decided in your favour 4 years back then that is a positive for you. Chances are that this time again it will rule in your favor, you just have to have some patience as courts in India take several years in such cases. You can explore the options of filing an appeal in a higher court for speedy justice in your case, providing your NRI status, health and age as grounds. May be that will open some new path for you.


Hi,
My late father left a Will in favour of me and that has been accepted by court and about four years ago, I had the Judgement in my favour. But the Crook relations lodged an appeal and it has been over 3 years, the court has not heard this appeal.

raka
June 26th, 2010, 10:39 AM
"kar khudi ko buland itna ke
sister bhi tujh se puchhe bhai teri rajaa kyaa h"

upendersingh
June 26th, 2010, 11:48 PM
If I was on the place of Mr. Nijjhar having same or more financial strength and living abroad then first of all I would have shaped out a perfect plan with some professional criminals according to which the son of sister (in whose favour the land was transferred) would be abducted and as a ransom all the documents would be demanded. If the sister handed over the documents, her son would be freed.
If I didn't live in abroad and my financial strength was not good enough then I would warn my sister that the cost of this land may prove very costly to you...give my property back to me. Naturally she refused and then I would kill her son provided land/property truely was mine. If she is not considering me her brother, then how can I consider such lady my sister? Well, there are many problems in doing so if one has family to take care. In such case I would wait for my family members (dependent on me) to be selfdependent and would kill or get killed the son of that cheater lady. I would try to leave no evidences so that I could be acquitted from the court too...but if I was punished by the court then it would be no problem for me. Some person deceitfully usurped my property, my right...how can that person be let enjoying that property without paying nothing for that? You have usurped the property so you pay for that...simple. If I won the case in the court without any violence, then it would have been the best solution of this problem.

narendra81
June 27th, 2010, 12:59 AM
upender bhai sahab,
bade hee ucch vichaar hain aapke...
kya aap bachpan se hee itne mahaan vicharon k dhani thhe ye kisi ghatna k baad aapko is param gyan ka aabhas hua?
ya kya ye mitti ka asar hai?



If I was on the place of Mr. Nijjhar having same or more financial strength and living abroad then first of all I would have shaped out a perfect plan with some professional criminals according to which the son of sister (in whose favour the land was transferred) would be abducted and as a ransom all the documents would be demanded. If the sister handed over the documents, her son would be freed.
If I didn't live in abroad and my financial strength was not good enough then I would warn my sister that the cost of this land may prove very costly to you...give my property back to me. Naturally she refused and then I would kill her son provided land/property truely was mine. If she is not considering me her brother, then how can I consider such lady my sister? Well, there are many problems in doing so if one has family to take care. In such case I would wait for my family members (dependent on me) to be selfdependent and would kill or get killed the son of that cheater lady. I would try to leave no evidences so that I could be acquitted from the court too...but if I was punished by the court then it would be no problem for me. Some person deceitfully usurped my property, my right...how can that person be let enjoying that property without paying nothing for that? You have usurped the property so you pay for that...simple. If I won the case in the court without any violence, then it would have been the best solution of this problem.

upendersingh
June 27th, 2010, 03:07 AM
upender bhai sahab,
bade hee ucch vichaar hain aapke...
kya aap bachpan se hee itne mahaan vicharon k dhani thhe ye kisi ghatna k baad aapko is param gyan ka aabhas hua?
ya kya ye mitti ka asar hai?

भाई मैंने आज तक किसी की हत्या नहीं की है...हां, कुछ समय आवारागर्दी में जरूर बिताया है (जो कि युवावस्था में तकरीबन सभी बिताते हैं)...:Dमैं बचपन से तो खैर ठीक-ठाक ही था...लेकिन मेरे विचार भी लगभग ऐसे ही थे जैसे कि आजकल के तथाकथित मॉडर्न व्यक्तियों के होते हैं...:pमेरे विचार सही मायनों में वर्ष 1998 से बदले...जहां तक असर की बात है तो ये मिट्टी का असर कम, जाति का ज्यादा है.:cool:

deependra
June 27th, 2010, 04:27 AM
भाई मैंने आज तक किसी की हत्या नहीं की है...हां, कुछ समय आवारागर्दी में जरूर बिताया है (जो कि युवावस्था में तकरीबन सभी बिताते हैं)...:Dमैं बचपन से तो खैर ठीक-ठाक ही था...लेकिन मेरे विचार भी लगभग ऐसे ही थे जैसे कि आजकल के तथाकथित मॉडर्न व्यक्तियों के होते हैं...:pमेरे विचार सही मायनों में वर्ष 1998 से बदले...जहां तक असर की बात है तो ये मिट्टी का असर कम, जाति का ज्यादा है.:cool:

Suddenly U turn or some special incident if you won't mind to share?

deependra
June 27th, 2010, 04:32 AM
upender bhai sahab,
bade hee ucch vichaar hain aapke...
kya aap bachpan se hee itne mahaan vicharon k dhani thhe ye kisi ghatna k baad aapko is param gyan ka aabhas hua?
ya kya ye mitti ka asar hai?

Ar tu kahan hai bhai aajkal, bahut din baad post dekhi teri?

ravinderjeet
June 27th, 2010, 02:50 PM
If I was on the place of Mr. Nijjhar having same or more financial strength and living abroad then first of all I would have shaped out a perfect plan with some professional criminals according to which the son of sister (in whose favour the land was transferred) would be abducted and as a ransom all the documents would be demanded. If the sister handed over the documents, her son would be freed.
If I didn't live in abroad and my financial strength was not good enough then I would warn my sister that the cost of this land may prove very costly to you...give my property back to me. Naturally she refused and then I would kill her son provided land/property truely was mine. If she is not considering me her brother, then how can I consider such lady my sister? Well, there are many problems in doing so if one has family to take care. In such case I would wait for my family members (dependent on me) to be selfdependent and would kill or get killed the son of that cheater lady. I would try to leave no evidences so that I could be acquitted from the court too...but if I was punished by the court then it would be no problem for me. Some person deceitfully usurped my property, my right...how can that person be let enjoying that property without paying nothing for that? You have usurped the property so you pay for that...simple. If I won the case in the court without any violence, then it would have been the best solution of this problem.

asli jat,perfact solution.:)

upendersingh
June 28th, 2010, 02:00 AM
asli jat,perfact solution.:)

धन्यवाद, भाई बलहारा...महाभारत होने का भी कुछ-कुछ ऐसा ही कारण था.

upendersingh
June 28th, 2010, 02:04 AM
Suddenly U turn or some special incident if you won't mind to share?

Not suddenly U turn...yeah certainly there was some special incident...a girl came in my life and then my life began changing miraculously...long story...let the right time to come to narrate...I have not achieved my goal so far...

jaigulia
June 28th, 2010, 02:52 AM
I am 100% agree with Parv. I did it and it worked for me. We had 600 sq yard plot near saket in Delhi. Infact there were 48 plots garbbed by villagers who sold that land many times. My father bought that plot way back in 80s. Every one sold their plots except my father. we have filed cases againt them in crimnal court. I took this matter to media, one or the other news channel were showing this news almost everyday bases. NDTV covered it twice. We filed cases against many government officials who changed govt. record. Finally SDM phoned me & arranged meeting to discuss the matter.Now we got our plot back.It needs lot of effort & money. I can try & get you phone numbers of some reporters. I am not sure if they are still with respective news channels.Its been few years now.

I wish you best of luck !

anusha
June 29th, 2010, 12:16 PM
I do not know much about law but may be you can reopen your case which turned postive for you,I mean in the same court or you can approach the higher court......further media support may prove helpful.....Your age factor might be an addition( like being a senior citizen if you are),and may be if your mother is alive she can do something in it....like by law she must be entitiled for all the property after your father.....

rakeshsehrawat
June 29th, 2010, 12:35 PM
Respected Sir
I don't know law i don't know your present financial situation and your sister's also. You yourself are the better judge. She is managing that land from 1957 when land rates were nothing. 108 Kanals means near about 13 Acres i think. few hundred rupees now converted into crores.Legally the land needs to be shared equally between all brothers and sisters. And if you are two only means she is owner of half.
My question is that why you want that land back after more then 50 years ?

delhione
June 29th, 2010, 05:08 PM
Sir,
I am sorry to say it, but You seem to have been a victim of your own misadventures, because it appears that you knowingly/ unknowingly ignored to take one little advice from a Lawyer/ Advocate over the consequences of a document you executed almost 50 years back. And I hope you can understand that a mistake unattended for 50 years cannot be corrected in just 2-3 months or years.

Had you safeguarded such eventuality at the time of executing of the GPA then I am sure your close relative would have been behind the bar on your simple complaint to the Police and your land would have been restored to you in a summary legal proceeding.

I firmly empathize with the you and want to inform you that Considering people of your age, various High Courts have issued directions to the lower courts to try the matters concerning people aged 70-80+ in expeditious and within timeframe manner. I think you should ask your lawyer for moving such application before concerned court in this regard.

I would also suggest you to initiate separate criminal proceedings against this closely hatched conspiracy causing you mental, physical harassment and monetary loss.

And finally ! my suggestion to all the members recommending ‘Media Attention’ is that 'Media Trial' is not the solution to everything; influencing the Court in any sub-judice (matter pending before any Court) is been more misused these days, as compared to its bonafide use by the victims or for the victims. I agree that 'Media Trial' in some chosen-one-special-cases have been able to secure Justice, but have not been able to correct the system because of which all the others (similarly placed) victims are still languishing and suffering.

Regards,

Yashpal.

P.S : Everybody reading this thread should learn a lesson from the harassment Mr. Nijjhar is going through; just because Mr. Nijjhar didn’t have any professional advice from any experienced Advocate/ Lawyer to know the implications of the document he signed in blind faith.

jitendershooda
June 30th, 2010, 10:34 AM
Hi,

I came to Britain in 1957 and studied to M.Sc. and became a lecturer. I have my inherited land about 108 Kanals and my real sister asked me for a Power of Attorney to manage it. I trustingly gave her General Power of Attorney.

After a year, she and her husband hatched a plan to fleece me of my land. They asked their younger son to lodge a court case against me that I promised to let him have the property. They created witnesses and stealthily got the property transferred to their son whilst my sister stealthily represented me in the court.

After the whole affair, I was informed of this dirty trick by my villagers and I instituted a court case to recover my land. This was done in 1987 and so far I have not been able to regain it.

My late father left a Will in favour of me and that has been accepted by court and about four years ago, I had the Judgement in my favour. But the Crook relations lodged an appeal and it has been over 3 years, the court has not heard this appeal.

The boy in whose favour the land was transferred has done law himself and he has told me that I will never get my land back never insituting a case of Fraud, etc.

This is the situation. What is your advice please?

Nijjhar Ji,

As far as I know with General Power Of Attorney somebody cannot sell the land. For that a special clause should be there and that is known as Special Power Of Attorney.

Now you have won the case but I feel at a lower level. This will go on and on for more years.

Just to share I know a person who have had a case on his land in rohtak. In 73 he filed a case in lower court and he won. Then appeal was done and in next court he also won after many years. Then in the third court appeal was done and he won again. Total approx. 30 years in cases. But still he was not able to get his cabja back. At last during last regime it was gained back forcibally. So this is law of land.

As somebody suggested to go for fast track treatment of your case. Try for that ... but it would be really hard to get this land back in less time lawfully here.

Now, if you have won the case at one level. Please ask legal experts if the land could be stayed. If so then they will not be able to use that land. Also ask if after winning the case they will keep the right to cultivate or it will be you who have this right? If you ... then find some dabang guy of your village itself who are anti to them and settle with them.

If you wish to keep this ancestoral land for your kids and dont want to sell then you and your kids have to wait for the law to provide final judgement.

Diwani mukadme to peedhiyan nikal dete hein. But yes, they can be punished by criminal cases as they did 420si.

One Mr. Sunil used to post legal points on other thread ... he may be able to put some light on legal points.

ajaysinghbamel
July 17th, 2010, 08:48 AM
There is special cell in PMO office to take care of property issues of NRIs. If you can lodge complaint thereand also take legal advice from lawyers and you can find someone in this group also who can help you.