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Dbut if the property was mortgaged with the bank before you bought it, then bank still has claim over it, but yes you should change your lawyer to get a better perspective on how to move forward.Dokay first, if you filed a case under SARFAESI then it means the Bank was about to sell your assets right?
has the bank taken any fresh action against assets/property/security? if not then maybe your case is DRT is better kept pending.
or are you planning to pay off the loan.?
Dkind of won’t, cause whatever the tradition be, the law is clear that daughters have equal rights in property. so as per law, they should be getting equal share anywayDtradition doesn’t matter, the law is clear, women have right in ancestral land, simple, get a lawyer and demand your share.Dis the gift deed in your mothers favour registered?you should chill and let your lawyers work the case, from what you have said, your’s seems to be a strong case, let X file his suit and try prove his case. if there is no registered document in his favour then he has no right on the property.
Dmost of the burden of proof is on MR X, they already have a registered gift deed in their favour , so no reason to go for suit of declaration, they should let X file it and proof his own case. that’s what i feel.Dwhat year is the gift deed through which your father transferred the land to your mother, cause if the gift deed is after 2015, then how come your mother resold the land to Mr X in 2012.Also an unregistered document for transfer of property holds no legal sanctity in eye of law, at best Mr X can file a suit in court, but it is unlikely to succeed.
for now you should contact the police as you had already registered an FIR and ask them to take action against Mr. X.
you do not have to leave your home or anything, but if you want you can file a suit for injunction against MR X , contact a lawyer.
Dcall 1090 and report the incident, however, you must know that the authorities will visit the victim and if they deny the incident, nothing will happen.Dfile a suit for partition along with a prayer for injunction and also a an urgent application for temporary injunction.the injunction is so that aunt cannot do any changes in the property and the property has to be status quo till the pendency of the suit.
partition suit, the court will determine the share of each person and grant partition and will partition the property with metes and bound if possible, however if the property is not divisible by metes and bounds then the court will order the sale of the same.
Dyou definitely do have grounds for divorce, but yes more proof of you husbands recklessness would help, try get proof about all the loans he has taken and also the amount of time he took money from your account. it doesnt matter whether he has paid off the loan or not, the past is enough ground for a divorce.Dif he’s been caught with commercial quantity, you need to be prepared, he probably wont get bail in the lower court and will have to approach high court eventually, hire a good lawyer, who specifically does cases under NDPS.Dokay first you need to tell us under what law is the bank selling the flat, is SARFAESI, is their an auction , you need to provide some information
