Tresspassing Intimidation Theft Extortion Illegal Occupancy Tresspassing Intimidation Theft Extortion Illegal Occupancy

2 years ago

My Grandmother had 2 sons - My Father and Chacha ji. My father bought a house in Jhansi in 1981 but kept it in my Grandmother's name. Grandmother allowed Chacha ji to live in that House. Chacha ji had only 1 son, in sadful chain of events Chacha ji died in 2001, his only son died in 2010 but before that he married in 2008, his Widow remarried in 2013 and had no relation with my Chachi who survived all these tragedies and finally died in April 2021 . This Woman (former daughter in law) then took advantage of Covid 2nd wave and knowing that due to lockdonws and all we can not come to Jhansi for some time had entered our home on pretext of performing last rites of Chachi and Took away all her Jewelry, Household stuff, ATM, Cash and All Documents. Later she got Chachi ji Death certificate and also withdrawn the money from her account as she had got herself nominated to Chachi Ji pension bank account in 2012 while Chachi ji was still trusting her and later she forgot to remove the nomination. Next step this Woman then put her name on our home, Asking her share or extortion money to give back keys and in August 2021 put some illegal occupants also intimidating with her local presence and through her Father. Now one thing my Grandmother had done before dying in 2017 she has made a WILL in my Name and my Brother's name which this woman was not aware and now she knows about it so she is becoming more frustrated and desperate and keep asking when will you sell and give me money and without involving me you can not sell eventhough I do not want to sell house.
Questions -1) Does she has any RIGHT on Property Legally provided property was not of her Late Husband, Father In Law or Mother in Law and there is a WILL made by Grandmother on her Self Acquired property in my favour
2) Her rights are one thing but what she is doing does it fall under some Criminal IPC sections where a FIR can be filed for Theft, Extortion, Criminal motivation, Tresspassing, Intimidation
3) Can the FIR be filed from Hyderabad where I work and live or I need to go Jhansi only
4) If case goes to court as per FIR and Police chargesheet so which court will take matter Jhansi or Hyderabad, is there any provision to transfer case to Hyderabad
5) One more thing she is in GOVT Job which she got as Anukampa Niyukti (Chacha ji passed it on to His Son and He passed to her) can her Govt Job be challanged for Criminal acts and her Employer be informed to Suspend her
6) In FIR the people who are in house illegibly be also charged

Anik

Responded 2 years ago

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A.Dear Client,

1) Her rights are limited to those of her deceased husband, and if the husband did not receive anything as a result of the will, neither will she.
2) Yes, you can file an FIR
3) FIR must be filed within the local jurisdiction
4) When the case gets taken up, the matter rests on the Jhansi court's discretion.
5) Yes, the charges may pose a challenge for the government job.
6) Yes.

Thank you!
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Abhimanyu Shandilya

Responded 2 years ago

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A.1. Her rights are limited to the rights of her dead husband and is the husband is not getting anything due to the will then she will also not get anything.
2. You can do so
3. NO Fir needs to filed in local jurisdiction
4. Jhansi court will take up the matter
5. You can challenge that compassionate ground employment
6. Yes that is possible.
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