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Property takeover

(Querist) 26 May 2016 This query is : Resolved 
Hello Sir,

Before 2 years my older Uncle take 6 acre agri. land on his account from my grand mother and registered the deed.

Now my grand mother wants to take it back to her account.
As my grand mother comes to know that my uncle taken this land by fraud direction from her.

What are the chances and option to take this land back to her account.

Please guide me.

thanks & Regards,
Jidnyesh
P. Venu (Expert) 27 May 2016
What is the fraud involved?
Jidnyesh Behere (Querist) 27 May 2016
Hi,

This transaction is done by misguide to my grand mother and she is not ready now to that agri land on my uncles account.

What are the legal possibilities & procedure
Guest (Expert) 27 May 2016
What Kind of Registration it is? whether settlement deed or gift deed.Settlement deed could be cancelled with out the consent of your uncle but your grand mother should submit all the documents Original including the Settlement deed to the Registrar for verification.In case of gift deed the Presence of your uncle with all originals and his consent would be required for Cancellation of gift deed/sale deed.Or else as a Senior Citizen your grand mother could cancel the Same with valid reasons with the consent of the court.Approach a Local Good Lawyer.
Jidnyesh Behere (Querist) 27 May 2016
Hi,

But there is one concern about the all original documents. That all are with my uncle and he is not ready to give it back to her.
As she is not aware about the deed done by Uncle is sale deed or gift deed.
If my Uncle is not ready to come in from of registrar for verification and cancellation of this deed.

What we should do in this case?
Guest (Expert) 28 May 2016
Apply in Registrar Office for EC and Copy of Documents entire set.Contact Local Good advocates and file a suit under the provisions of Senior Citizens Act with very Valid Reasons/Grounds.Earlier would be better since your Uncle should not Transfer the Property to some body else which would weaken your grand mother's Case and should request the advocate to obtain a Stay on the Property till the Disposal of the Case also .(better avoid your' Hi"Or there would be No further Reply from my Side)
Rajendra K Goyal (Expert) 28 May 2016
You can get certified copies of the documents from registrar office.
Jidnyesh Behere (Querist) 30 May 2016
Respected Sir,


Thanks for your valuable legal advice.
I am going to act as per your advice.

If any help needed in this regards I will approach you accordingly.


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