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Author Topic: Movable Assets Freezing  (Read 390 times)

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Offline sk90

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Movable Assets Freezing
« on: October 16, 2017, 04:43:29 PM »
Hello everyone. I'm new to this forum. I couldn't get firm and detailed answer from my Lawyer on regarding some doubts I had about movable assets of my Father. I'll give a short background of the story that has happened so far. We are 4th generation goans(from Goa and live in Goa). My Parents are getting divorced. Both of them are senior citizens. I'm with my mother as her witness. My father is not staying with us for last 14 years. In the year 2003 he left our house at the age of 60 and withdrew all the money from various banks. The money was in our Real estate company's bank account which was more than 3.5crores and my Mother was it's sole owner. Let me provide a little info about the legal rights of the business. The Company's owners were my Mother and mother's late father-in-law i.e. my grandparent. My father had zero rights in it. The Partnership deed executed between my Mother and mother's father-in-law was such that upon the death of one partner , the surviving partner would become the sole owner of the Business firm/real estate firm. So after the death of my mother's father-in-law in 1991 , my Mother became the sole owner of the business but somewhere between the period after the partnership was formed and before the year 2003 , my father very cleverly took advantage of my mother's innocence and took her signatures on newly created Power of attorney(prepared by him) clearly stating that she is appointing him as the representative of her to operate and do entire business transactions including Cash and bank on behalf of her. Of this attorney she was not aware of until the year 2003 when he left us to starve and every tactics of him were exposed. Therefore we revoked the same in 2003. However before we could act on revoking it , we learnt that he has withdrawn every single rupee from Firm's Bank account. In the year 2003 itself , we filed for maintenance in court which was hotly contested by him but which judgement was passed in our favour in the year 2009. In the maintenance case while cross examining both him and his brother(his witness) both of them admitted to him withdrawing money from firm's bank account and distributing the same to his brothers and sisters. The same has been recorded in the Judgement. But the real problem starts now. As mentioned earlier that my parents are getting divorced on the grounds of cruelty and desertion (we couldn't prove adultery because we didn't had sufficient evidence but we knew he had committed it). The major thing is the Inventory after divorce case is over. I'm concerned as to how to find my father's bank accounts to freeze them/withhold them through court order for the purpose of Inventory. Should we just send Legal Notices through our Lawyer to all of the Local and Nationalised banks asking them to freeze/withhold his account?? Is this the correct way? Again because there might be the thing that a Bank's Privacy policy for it's customer is more powerful than our Legal notice to them is and hence they would not be bind by our Legal notice and obliged to co-operate with our legal notice??  Or is there any other way to do this?? Obviously after emptying the bank account of the firm in the year 2003 , he must have transferred the cash to his own bank account. But am not sure how to proceed with this particular request to the court i.e. to ask the court to freeze/withhold his accounts. I'm being Majorly concerned about one important thing and that is time. Time in the sense that it if he gets aware that so and so freezing of accounts case is up against him(I'm definitely sure he will come to know about it considering his intelligence and how active he is in court) he will move the money from his bank accounts the very next day to his brother's accounts or to the accounts of his relatives , so that he can very well prove during the case or appeal after the case that he has NIL bank balance and hence he should not be hold responsible to pay any money to us during inventory. Then what would be the use of the Court Order?? It would be useless right?? Can someone please guide me in this matter as to how to proceed with this request to the court?? Can we ask the court to pass the Order without sending Court notice to him prior to starting the case? Can this case be prepared without sending any Court notice to him? Or Should we just send Legal Notices through our Lawyer to all of the Local and Nationalised banks asking them to freeze/withhold his account and mention in the notice that they do so because we are in the process of filing for Inventory court case? How can we execute this plan without him becoming aware of it?? Anyone please provide me some Wisdom in this matter. Divorce case will be over this month/next month. For those who don't know here in Goa there are Portuguese matrimonial laws applicable to everyone irrespective of religion and hence according to the same a Wife is entitled to 50% share or co-owner of Husband's both Movable/Immovable Assets after the Marriage.

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