This query is : Resolved 

23 June 2009

Hi Sir,

We have a property in Chennai which was owned by my mother. Our family consists of My mother who has 4 Elder Sister and one 1 Brother and myself is last one, My Father passed away. My Brother has prepared a fake documents such as gift settlement made by my mother to him and based on it he bought a loan from a bank and currently it is undergone Auction around 2 years ago and now the bank and people who bought it through DRT are worrying us.

Now we have filed a petition as Civil suite in the Chennai Court and pasted around 2 months ago and we currently had a case on 2nd June, 2009. But recently on 28th May, 2009 my mother has passed away. And my Advocate has submitted it in court and the court ordered to submit a Death Certificate and its Legal Hier. We have submitted it on the court.

Now we need to know whether in the coming hearing whether, we will get the Injection to hold the Registration made by the buyer based on its fake documents. Will we able to sort this out in sort period because our lawyer is not responding confidently.

Please reply, We are from normal family only.

adv. rajeev ( rajoo ) (Expert)
23 June 2009

I think u r mohd., u have not stated the nature of the suit. Whether u have filed partition suit or declaration suit it is not clear.
There is no concept of jointfamily in mohd., law and moreover u have said it is the property of ur mother, when it is so then she can dispose according to her will.
U have said gift settlement deed is fake one but it is not clear whether u have made your mother as party to the suit or not, if yes what was her written statement it is to be known.
During the pendency of the suit your mother passed away. First the property will divided to the sharers and after residuaries. It is to be explain in detail. Here is my address u can post the copy of the plaint then I will give you the details
Rajeev S Vadrali, Advocate, K.C.Rani Road, GADAG (Karnataka) 582 101. cell : 9986981997 and 9448230014.

KPMFAZAL (Querist)
23 June 2009

Thanks for your reply. The Situation is as follow.

My Mother was the owner of the property and she filled Suite as follows " PLAINT FILED UNDER ORDER VII RULE 1 OF CIVIL PROCEDURE CODE"

ACtually , we are muslim family and as per muslim rule the legal heirs will come into existance once after mother passed away.

My Mother filled the petition while she was alive and after we legal hiers came into exist.

She written in the PLAINT that the son has prepared a fake gift settlement deed and bought loan against it and now it undergone auction based on it and after it has registered to buyer who bought it through DRT in Chennai.

We also tried in DRT but it failed, it seems the buyer who bought also knows that the Gift settlement presented by my brother is fake but based on the court order(DRT) he registered to his name.

do you have any Yahoo Messenger or some CHAT messenger? Please post.

Thank You,

Y V Vishweshwar Rao (Expert)
23 June 2009

Your Mother disputed the Gift Deed and field the Suit to declare the Gift Deed as null and void and the sale of the proerty before DRT took place pendign your mother suit and your are continuing the cause of your mother as legla heirs of Plaintiff . It is better to implead the Buyer/purchaser of the proerty who purchased the it before the DRT, to have a complete remedy in the suit !

Jayashree Hariharan (Expert)
Click to Talk
23 June 2009

s, you must implead the purchaser. Since your mother herself disputed the Gift Deed, it is easier for you to continue as legal heirs. DRT cannot worry you, since the matter is in court. Pls tell the DRT that.

Best wishes.

KPMFAZAL (Querist)
23 June 2009

But the buyer is not ready to implead along with us because he found property is too interesting as this property real worth is around more than he bought through auction.

DRT once came to evacuate us from the place but we wrote a letter after fighting literally with them and they given 1 month of time. We told the DRT that we filled a civil Suite petition but they replied we have an order , show yours.

Is there is any possibilities.

Y V Vishweshwar Rao (Expert)
23 June 2009

1- File IA to implead the Bank & Purchaser and pendign IA ask for stay of all futher proceeedigns of DRT Sale and delivery of possession to purchaser -as the Mortgage is in dispute in the suit (Gift Deed is sougth to be dclared as null and void )


File W P in HC agaisn the Recovery officer of DRT , Bank and Purchaser to declare their actions is illegal pendign the suit and for stay of all further proceedings under DRT Sale and delivery of possession to the purchaser

3- You have to contact local Advocate in the suit and HC & DRT advocates to take required steps in this matter !

Uma parameswaran (Expert)
25 June 2009

I am supporting the suggestions given by the L friend Mr.YVV Raoji.When you came to know about the fabrication of the documents made by your brother? You filed the case against the fake Gift only after the case filed by DRT.Certainly doubt arises. File a WP before High Court forthwith to stay the proceeding of DRT. Is your mother signed any documents in the Bank? Make bank also a party in WP. If you proved it is a fake document Bank will take criminal action against your brother.

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