Fraudly eldest brother got whole property in his name.
sushant
(Querist) 14 February 2017
This query is : Resolved
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?
V R SHROFF
(Expert) 14 February 2017
Issue notice. Consult local Advocate and obtain STAY ORDER.
PROVE that YOU HAVE RIGHT in property, and demand partition.
Rajendra K Goyal
(Expert) 14 February 2017
Property purchased in t6he name of your Tau belong to him, you have no claim in it.
If the property in the name of grandfather was gifted / given by him during his life time, again your claim success is doubtful in it.
Ms.Usha Kapoor
(Expert) 15 February 2017
Agree with Mr.Shroff and RK.Goyal.
Sudhir Kumar, Advocate
(Expert) 10 March 2017
Property-I
the property was purchased for your Tau in his name and your father failed to challenge the same on turning 18. You are an absolute and total stranger to that property.
Sudhir Kumar, Advocate
(Expert) 10 March 2017
Property-II
you said that
"(My Tau ji) got whole property transferred to his name by bluffing our Grandfather and Great Grandfather."
you also said
"Our Grandfather and Great Grandfather both were illiterate. "
You have not at all clarified how could he befool/pressurize and why he alone could do so and why not other brothers.
Generally it is only one child of a parents who looks after them in old age and parents turn kind on him. Later on the other siblings and their children do make such allegations.
The illiteracy of grand presents is absolutely irrelevant. Illiterate persons have right to sell/transfer or hold property and the registering authorities do question them at the time of registration.
In movies and also in advertisement of प्रौढ़ शिक्षा विभाग it is possible to get thumb impression of illiterate person and get his property transferred because in movies and such ads the property owner doe snot have to stand before Tehsildar to confirm that he is transferring property.
Sudhir Kumar, Advocate
(Expert) 10 March 2017
"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."
He is entitled to do so.
