I Shiva Shankar .S (NRI), resides in overseas, as I was in overseas and wanted to do some investment in India Bangalore property. So, my brother suggests me to give bank transaction authority to him and I trusted him on that time and authorised my brother as a mandatory holder to operate the bank transaction on behalf of me and he hold my passbook and chequebook and other documentation in India on behalf me and he do all the transaction without informing me.
My brother suggest to purchase the property in his name through kanakshree society (As per kanakshree society rules they allocate one site per family) as per his verbally promise to me he will transfer the property into my name after property registration of society formalities completion. Based on his trust I paid the full amount through my NRI account to the kanakshree society.
** Now he is not willing to return the property on my name, how can legally get back this property into my name?
When my Mother was literally tortured from my brother and his wife, my mother committed suicide in 2010 and he closed the deal with police paying some amount of money .After revealing all this I doubted on him and start extracting all the information. After a Quiet long (more than 10 years) now I realise that my brother misused a huge amount in my NRI savings account with three banks (IOB, SBI & ICICI) without my knowledge. I demand him to return all my bank documents and he return back passbook and all the ATM cards he hold.
I sent a letter to all banks regarding this and cancel his name as a mandatory holder. So please advise me how to proceed in this matter and take a legal action against him and recover the money.
All the documentation I have is the passbook it shows the bank transaction happened other than this I donít have any other documentation.
My Two elder sisters and my father and relatives know all the story that my brother is cheating and they accept to give the statement.
Iím eagerly looking forward help and suggestion from your expertise. How I can move forward in this case are there any guarantee that I can get back the property and money he misuse