sushant 14 February 2017

Eldest brother of family got whole property transferred in his name fraudly by illiterate grandfather and great grandfather

My father is having four brothers(Total - 5 brothers). The eldest son of the family (My Tau ji) got whole property transferred to his name by bluffing our Grandfather and Great Grandfather. Half of the property was purchased by his name when he was still young(of 5-6 years) by our Great Grandfather and for half of the property he forced our Great Grandfather to transfer to his name while other 4 brothers and 4 sisters were still very young. Our Grandfather and Great Grandfather both were illiterate. My father's eldest brother(Tau ji) had hidden all the transfer deed papers and now after passing of our Grandfather showed those papers. Now Tau ji is bed ridden after paralysis attack and his son is refusing to sell that property and claiming that it is in his father's name. In straight words he is waiting for the death of his father so that the property will auto transfer to his name and he could sell out that property. Please suggest what can be done in this condition by the younger brothers and sisters? How can all get their share?

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3 Replies

Kumar Doab (FIN) 14 February 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN) 14 February 2017

Hindu male can dispose his self acquired immovable property by a valid deed (registered) and/or valid WILL in his life time in anyone’s favor.

Even an illiterate person has to appear before registering authority to register a valid deed.

First of all obtain the mutation record with all link documents from concerned revenue office/officer e.g; Patwaari and show these to a very able counsel specializing in revenue/property/civil matters and ascertain the nature of property; self acquired or ancestral, and defects if any in transactions.