Crook relatives

[delhione]

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]

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]

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.