Fraud by Parents Fraud by Parents

5 years ago

I entered a deal with my parents that they will handover the 3 storey building that we are staying in to me for a consideration they valued at that time. We got the notarized power of attorney prepared in the name of my wife but these papers were kept by my parents. I had no objection as I trusted them. Now, I have paid them the due amount 3 years ago and they kept papers with them. When I asked them for a proof to the effect, they are refusing to give me any proof neither for payment nor that this house will be mine. All they say is that I can take the amount that I paid to them and leave. I don't have any proof apart from documents related to bank transfers made to them. I also have their voice recordings where they sya that I should trust them blindly and the property will be mine after their death only. I don't have a clue where the papers are. Can I approach court of law or police for my matter?

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client kindly file complaint on the basis of voice recordings and money transfer through bank.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vishwabandhu

Responded 5 years ago

A.Dear Client Your parents r right when they say that after their death u will get inheritance and they r even ready to repay all the amount . Then what is wrong ? They r owner of their property so they r correct when they say that take your money and get Lost. Not u but they can lodge a complaint against u. Under sec 125 Cr.P. C. they can also claim maintenance from u . It is your you legal duty to look after them in their old age. Do u want that they must give u all the property go to live in Vrdhsram. U r a shame less son and posted such nasty question on this social site. Your parents r old and near to death and after their death u will get all their property but u have no patience.
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Anonymous

Replied 5 years ago

Sorry but it seems you are more emotional than factful here. I am not asking for the property but a proof of my ownership. Because we are 3 brothers and I am afraid that after death of my parents if papers are not handed over to me it may lead to fight between us. Also, when they entered the deal, they asked for an amount which I paid, now what should refrain them for providing me a copy of papers or similar assurance? I am not shameless but I am worried about my future too just like they are. I have no proof in my hand Sir, how will I prove my ownership after their death. I don't want them to go to Vridhashram but I don't want to live rest of my life in Night Shelters.

Also, if they want to break the deal, is it not breach of trust which I have shown and paid them in full and waited for 3 years on top of it? They want to pay me exact amount that I paid them 3 years ago. Has property rate not gone up or that amount would not have earned me any interest?

I am afraid, if you would have been in my situation, you could understand what I am going through. It is tough to make you understand in words. By the way, I was seeking a legal advice...

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Vishwabandhu

Replied 5 years ago

Daer Client U r extremely selfish . When your parents r returning u the original amount u paid then why r u insisting to get the amount at rate of present property value ? Do u forget that when u were born they served u and get u educated and all to day whatever u r it is only because of them. Love of a mother or father can not be valued in cash? U say I m emotional and u r very practical and very wise and that is why u r asking your mother who fed milk of her breast. with interest.

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Anonymous

Replied 5 years ago

Sir, forget about the relationship between parties, advise on case based on facts, if you can. Thank you.

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Anonymous

Replied 5 years ago

I can understand where you're coming from and duly respect it. No grudges. But sometimes situations are not ideal.

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Yes, on the basis of voice recordings and money transfer through bank you can file a complaint.
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Anonymous

Replied 5 years ago

Should I file a FIR or send them legal notice?

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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.If you have any legal proof then approach to the court. Otherwise solve it peacefully
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Vidhi Samaadhaan Vidhi Samaadhaan

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
I would like to get the word clarified' Parents".
Are they really your parents? I mean biological parents? Adopted parents?I mean you have been adopted by them.
If you do not have evidence means there is less chance of success.
Better settle it amicably.
If you fail, get in touch with complete case history.
Shanti Ranjan Behera
Advocate
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Anonymous

Replied 5 years ago

They are my biological parents. Does voice recording and NEFT Trf details constitute evidence?

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Shanti Ranjan Behera

Replied 5 years ago

Dear Client,
I do understand your feelings.
Coming to the legal point..NFET transfer along with your Bank Pass Book will definitely constitute as an evidence.
If you are determined send a Legal Notice through an Advocate and this should be your first step.Then other things will follow,
Shanti Ranjan Behera,
Advocate

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Anonymous

Replied 5 years ago

Sir, what about voice recording? Is it a valid evidence?

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Shanti Ranjan Behera

Replied 5 years ago

Dear Client,
Extract from the Indian Evidence ACT for your reference.
Admissibility of electronic records
Indian Evidence ACT Section 65A and Section 65B
65A. Special provisions as to evidence relating to electronic record:
The contents of electronic records may be proved in accordance with the provisions of section 65B.
Section 65B of the Indian Evidence Act relates to admissibility of electronic records as evidence in a Court of law on certain conditions
Shanti Ranjan Behera,
Advocate

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Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.you have not mentioned the full facts of the case. However you can send a legal notice to your parents. For details, pl. contact some advocate through vidhikarya.com.
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