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Forgery and illegal sale of property

(Querist) 16 July 2014 This query is : Resolved 
We are facing a big problem.

My father had bought a plot in the year 1990’s.At that time, my father had mentioned his big brother name on documents.
After 10 years, my uncle transfer all the portion to my father and he mentioned on the document that there is no right for me to take any part or portion from the plot and full portion of the plot has transferred to my father.
Recently, uncle sell that plot to someone by using old documents.

Kindly help me..

How to deal with this.

Abhishek
Devajyoti Barman (Expert) 16 July 2014
the sale by your brother is void and illegal. File a suit for declaration.
Abhishek Gupta (Querist) 16 July 2014
you mean that we have to file a suit for

declaration of title and restoration of possession.
Devajyoti Barman (Expert) 16 July 2014
yes...............
Dr J C Vashista (Expert) 17 July 2014
Your father purchased the property in the name of his brother who transferred the property to your father (what is the document for transfer).
Further you have stated that "there is no right for me to take any part or portion from the plot and full portion of the plot has transferred to my father" is vague information. Who is "me" and "my father"? Wherein it is presumed to be author, isn't it?
I agree with the expert advise of Mr. Devajyoti Barman on the basis of presumption despite the fact that information is vague.
Rajendra K Goyal (Expert) 17 July 2014
It is illegal sale.
ajay sethi (Expert) 17 July 2014
you r uncle had no right to sell the property since full portion of plot had been transferred to your father
P. Venu (Expert) 17 July 2014
The facts mentioned are less than convincing.
Abhishek Gupta (Querist) 17 July 2014
what is the procedure to stop this illegal forgery.

Also, i want to know that we can lodge a Police F.I.R for this issue or not.
T. Kalaiselvan, Advocate (Expert) 18 July 2014
The police will not entertain a complaint stating that this is a civil matter to be settled through a civil court of law. The only option is to file a suit to declare the alleged sale as null and void, to declare your father's title and for injunction to not to alienate further.
Abhishek Gupta (Querist) 21 July 2014
Thank you so much to all of you..


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