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RHi,
I’m looking for some advice around an issue I’m going through (in Kerala) at the moment and will be very grateful for any advice.
My mom passed away in 2012 from a heart condition. She was quite close to her younger sister, who we care for as much as she did. They also have an older brother.
Recently, we were looking to donate a piece of property that is in her name that me and my brother have inherited after her death.
While preparing documentation for the donation, we discovered that there was also another property that she inherited, attached to this property, that has been reregistered to my aunty (mom’s sister) and uncle (mom’s brother) after her death. This obviously is not possible, as obviously, she passed away and could not have signed anything – and after she passed away, me and my brother would have inherited it and we would have to sign, which neither me nor my brother have done.
My brother investigated, and discovered that someone pretended to be my mom and signed the docs right after she passed away and assumed we would never find out as we didn’t know about the property. My aunty has admitted to this when my brother spoke to her, but she doesn’t want to talk about it anymore and is asking us to talk to my uncle.
We were reeling from very expensive medical bills and the after-effects of the 2009 recession, so we were struggling financially then. So funnily enough, my uncle told my aunt that we wouldn’t be able to afford to go to court against this very wealthy uncle in this situation, so they felt very emboldened that we couldn’t do anything. I was at college then, and have now done quite well for myself, and the tables have turned on the uncle – cycle of life and all that.
So, we want to bring the full force of law against the uncle and are looking to arrange a good lawyer to claim back the property. It has immense sentimental value – we are not interested in any monetary gain, but want that piece of land back.
And I don’t want to leave any stones unturned in the process. I couldn’t say bye to my mom as she passed away a few hours before I got to India – and I feel like this is my way of making up for this, by getting her back this final time.
So I have a few questions you might be able to advise on:
1. What would be your next step and action plan in this case?
2. Is this a civil or a criminal case – should the police be involved?
3. How was the property reregistered by someone who pretended to be my mom, without checking any IDs – wouldn’t this mean the registrar officers are involved?
4. How long could this case go on for, and how much cost would we be looking at?
5. Do you have any suggestions for a lawyer in Thrissur/Alleppey who can handle a case like this successfully – assuming cost isn’t an issue?Thanks in advance!
(And please keep doing what you do – you’re all amazing!)
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