Cheated and took sign of my mother on the sale deed of our home
Lohith Shivarudrappa
(Querist) 10 March 2014
This query is : Resolved
Hello Advocates,
I am a IT professional and I am working in Bangalore, I have a issue with my home constructed by my dad. On 02.02.2011 my mom was cheated by some local culprits and took sign on our home sale deed, my mom was told that as my father is dead the property has to be transferred to her name and has took her to sub registrar and took sign on sale deed my mom is less educated and she don’t know all this registration work and believed them and signed where they told. I was away from home on a business and we came to know about this when that guy came to home saying this is my home and your mom has sold me. My mom also got to know on that day that they have cheated. We gave complaint to the police and police dint react much and they told you have to settle this I the court and backed out from the case. My Father has written a will that after his death the property should be under our uncle and he cannot sell or lease it and we can be in the home under his supervision. After his death the property will come to me and my mother right. So we filed a case in local court in 2011 and the hearing was going on and our lawyer was telling that the will is enough to get our property back and the case will be in favour of us. But a week back we came to know that the case is disposed as our lawyer has not attended the case and he has not at all submitted the will and we also came to know that he has collaborated with the opposition party and cheated us and he has destroyed the original will given to him. Now we have contacted one more lawyer who is very well known to our family and he himself has made the will for my dad. He says not to worry we can appeal in the court and we can present the will and we can fight in the court. But all our family members are worried a lot. We don’t have any place to leave then that home what if they come and push us from the home. I am not in India currently I am worried what will happen to my family out there. Our lawyer tells not to worry but how can I be without worrying. My worry is if our previous lawyer has not submitted the will till now will court accepts the will if we present now. And how strong the certified will can be used to get our property back.
Any suggestions will be helpful to relieve my worries .
Thank you,
Lohith
Raj Kumar Makkad
(Expert) 10 March 2014
Past period cannot be brought back. Your present lawyer is accurate in his approach. You shall have to wait and watch for the outcome of the legal proceeding. I am of the opinion that your all legal heirs of your deceased father including your mother should also file a civil suit against the allege buyers seeking setting aside the alleged sale-deed as the same is based upon fraud and misrepresentation and moreover no consideration has passed to your mother.
Sankaranarayanan
(Expert) 10 March 2014
i endorse my learned friend mr rajkumar makkad ji
Lohith Shivarudrappa
(Querist) 10 March 2014
Hello Raj Kumar,Sankar,
Thank for your reply... Please give me more information on the civil suit what is it and how we can use it.
Regards,
Lohith
Guest
(Expert) 10 March 2014
Well advised. For more information on the civil suit your own lawyer can help you clear your doubts on getting appropriate information from you.
ajay sethi
(Expert) 10 March 2014
agree with Mr makkad . if you had handed over original will to your earlier lawyer did you obtain any acknowledgement from the lawyer . if so and he has destroyed the original will lodge complaint against said lawyer with bar council .
Rajendra K Goyal
(Expert) 11 March 2014
Well advised by the experts, agree to it.
T. Kalaiselvan, Advocate
(Expert) 12 March 2014
If your original Will was allegedly destroyed by your previous lawyer, how come your present lawyer is able to create a new Will having your deceased father's signature and the signatures of witnesses?, Are you being taken for a ride for the second time?
Otherwise I have nothing to add to the experts' opinion.
