Legal Question in Family Law in India

I and my wife are NRI\'s/US citizens. My wife was adopted by a older couple since she was 5 yrs old. The older couple have made her the heir for their properties. The will is written bythem and all property posession happened in 2017. My wife is experiencing mental trauma for last two years 2021 and 2022. While she was going through this trauma she transferred all her money in the back accounts to her birth mother. We gave her borth mother the POA to do some transactions and she misused the POA and stole property documents from our locker. My wife has repeatedly asked her birth mother to return the documents and she is not responding. How can I legally proceed in this situation to recover the property documents that my wife\'s birth mother stole and is not returning. Thank you.

Asked on 9/10/22, 1:11 pm

1 Answer from Attorneys

Rajiv Chandhok Ph: +919810050896

You may file a case of criminal breach of trust u/s 406 of IPC against the birth mother. For that your wife should make a written complaint to the police station having jurisdiction over the area where the locker is situated. In case if the police does not register an FIR then you will have to file a complaint u/s 200 CrPC to the Area magistrate along with an application u/s 156(3) for registration of FIR against her. Once the police starts investigating then it will mount pressure on her and perhaps she may return your documents. In so far as bequeathing property to the birth mother is concerned, the same may be revoked on the grounds of your wife being not in sound and disposing mind at the time of transfer.

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Answered on 9/13/22, 1:11 am

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