Agreement made with wrong wording depriving my mother
Debjit
(Querist) 09 May 2018
This query is : Resolved
Dear Sir, We have a huge ancestral property at North Kolkata, Share Holders were my grandmother, my father, his only sister, A Stepbrother. My father's stepbrothers undivided portion was purchased by my mother. After a year of this purchase, all shareholders jointly decided to sell out an undivided portion of land. The responsibility of sale deed drafting and making was entrusted to the husband of my father's sister, who died one year after the registration. As he was well conversant with the property cases. He, intentionally, without discussing with my father and mother he mentioned that my mothers total undivided portion and little of others undivided portion is sold. All the shareholders including my parents signed the agreement in good faith and kept the document in custody but never gone through word by word. Now at their old age (85,79) they wanted to get clear ownership of the property for their old age security, they found a big chunk is cheated from them, making my father's sister the undue advantage of larger share. My parents are staying in the said property, my grandmother already died, My parents are unable to cope up with the cheat done with them 25 years ago. can you please guide us with some solution?
Ms.Usha Kapoor
(Expert) 09 May 2018
You can get the illegal sale deeds sold by your step uncle set aside that it was fraudulently without your knowledge it all happened. You can file cheating, fraud cases etc against your step uncle or your father's step brother.File a Declaratory suit claiming title to the land which was illegally sold and perpetual; injunction commanding your uncle to restore the illegally sold property or pay an equal amount of mon ey or moity.
Kumar Doab
(Expert) 09 May 2018
Ms. Usha Kapoor has suggested perspectives and such perspectives are possible...
You can benefit from IT.
The query is not somewhat clear , although tried to understand!
Sometimes IT happens with many.
Shall try again..with limited understanding!
Your mother bought share by registered sale deed?
All signed PoA in favor of uncle and was IT registered?
The share was divided/and mentioned with boundaries in said agreement signed amicably?
The sold out portion was mutated in revenue records?
After 25 years what exactly is the dispute that has cropped up?
What is the opinion of your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record ….. and worth his/her salt …that has seen all docs on record and considered your inputs....
Debjit
(Querist) 09 May 2018
Placing my query pointwise
1. 6 katha ancestral property consisting land and residential building left behind by my grandfather.
2. After his death share holders were my Grand Mother (Now Expired0 , My father (87 Yrs), his step brother (Expired), his sister(72 yrs).
3. As My father's step brother wanted to sell out his undevided, demarcated portion in the property, it was bought on my mothers name in the year 1991,registered but still undevided.
4. In 1993 as my father's sister was requiring money,all decided to sell out 2.5 katha of land portion from the garden/ land portion.
5. As decided, My parents were in concept that the portion will be from the entire undevided property and everybody's share will be decreased in equal proportion.
6. they entrusted the responsibility of preparing agreement with my aunts husband (already expired) as he was having good knowledge of property matter.
7. He brought the agreement at the eleventh hour before registration and everybody signed it and got it registered.
8. Money received was devided in equal proportion.
9. Agreement was kept with my father but he never read it word by word till last Sunday.
10. On reading last Sunday, after 25 years of registration,it is understood that they have sold entire share of my mother which was bought in the year 1991 and very little undevided share of others were added to it.
11. At the age of 79, my mother found that her property is vanished, sold out without properly informing her, though she signed it but she never read it as 25 years ago she could not gather courage to read the agreement while her mother in law and husband is signing the same document and she was kept busy with other house hold work till leaving for registration.
PLEASE GUIDE US HOW WE CAN RE-INSTATE HER SHARE.
Debjit
(Querist) 09 May 2018
Request Guide, I explained it pointwise for better understanding.
P. Venu
(Expert) 10 May 2018
No definite suggestion is possible unless the documents are perused and facts and issues discussed. Moreover, the facts posted are confused.
Kumar Doab
(Expert) 10 May 2018
You may pls agree with suggestion of Shri P.Venu ...
There are many issues that you are facing and probably being property consultant have an access to your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and well versed with LOCAL revenue codes/laws/rules and having successful track record ….. and worth his/her salt …
http://www.lawyersclubindia.com/forum/Can-tenants-one-successor-can-fight-the-eviction-case-alone-149426.asp
29 March 2018 http://www.lawyersclubindia.com/experts/Undevided-ancestral-property-676811.asp
26 March 2018 http://www.lawyersclubindia.com/experts/Division-of-ancestral-property-676591.asp
http://www.lawyersclubindia.com/experts/Expedition-of-long-lasting-tenant-eviction-case-462486.asp
Mr. Devajyoti Barman has responded to query(ies)
http://www.lawyersclubindia.com/forum/Breakage-of-agreement-within-lock-in-period-150500.asp
http://www.lawyersclubindia.com/experts/Vacated-premises-by-tenant-677441.asp
http://www.lawyersclubindia.com/forum/Tennants-successors-149454.asp
Kumar Doab
(Expert) 10 May 2018
Mr. Devajyoti Barman has responded to query(ies) and is from your state/location.
If you wish you may get in touch with him with case papers..and benefit from his advise...
