My father expired on 09/04/2010, he was staying with a lady without marriage and my mother and younger brother is staying with me. There was no divorce between my mother and father. We had separated before 2 yrs, because my mother was illiterate and were not of his choice.
He had sold his property at Juhu for Rs 10.5 Lacs and taken a new 1 BHK Flat at Virar for Rs 4 Lacs and expended the balance amount.
On 9/04/2010 he hanged himself in the new Virar Flat cause that lady was having an affair with other person and even after repeated warnings from my father they continued.
I have filed Sec 306 of IPC (Abatement to suicide) against both of them.
On the day of suicide my Father had called the Builder saying that “Do not let that lady sell the flat as she is cheating on me”.
When we contacted him, he told us the same and also told that full money is paid by my father alone.
Initially my father wanted to register the property on her name because at that time he was not aware of her affair.
That lady has forced builder to register the same immediately with fake documents. When my father came to know about her affair, he started asking for the registered documents but she refused to hand over the same.
The Builder said, there was no Occupancy Certificate issued and also no stamp duty was paid. He even told us that if we want he can transfer the property to us.
I have already done post mortem and the samples are sent for forensic (Reports awaited).
The funeral was also done by me and I have even got his death certificate.
1 How can we take the property in our possession?
2 He also owns some Land’s in our Village, how can we get that in our name?
3 Will take over of property make the above criminal case weak?