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How to resist fraud made 25 years ago

Querist : Anonymous (Querist) 10 May 2018 This query is : Resolved 
Dear Sir, I am an ex-Defence person, retired.

Placing my query pointwise
1. 6 Katha ancestral property consisting land and residential building left behind by my grandfather. At Kolkata - 700090
2. After his death shareholders were my Grand Mother (Now Expired), My father (87 Yrs), his step-brother (Expired), his sister(72 yrs).
3. As My father's stepbrother wanted to sell out his undivided, demarcated portion in the property, it was bought on my mother's name in the year 1991, registered but still undivided.
4. In 1993 as my father's sister was requiring money, all decided to sell out 2.5 Katha of the land portion from the garden/ land portion.
5. As decided, My parents were in the concept that the portion will be from the entire undivided property and everybody's share will be decreased in equal proportion.
6. they entrusted the responsibility of preparing an agreement with my aunt's 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 divided in equal proportion.
9. The agreement was kept with my father but he never read it word by word until last Sunday.
10. On reading last Sunday, after 25 years of registration, it is understood that they have sold the entire share of my mother which was bought in the year 1991 and very little undivided share of others was 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 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 household work till leaving for registration. PLEASE GUIDE US HOW WE CAN RE-INSTATE HER SHARE.

Please help if you can guide me with some ways to reinstate the property share of my mother
Kumar Doab (Expert) 10 May 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Ms.Usha Kapoor (Expert) 11 May 2018
limitation starts from one comes to know of an agreement etc., Since your father came to know about his unclle's fraudulent sale only recently let us for a while assume limitation starts from May 2018.But what about your aunt who when she had free time didn't go through the sale documents etc? Is she ignorant of the. sales let the buyer beware principle applies.Although your chances of winning the case is grim still try explaining each day's delay by showing sufficient cause,You can file declaration 0of title and injunction restraining the purchasers or their LRs from interfering with your enjoyment of property illegally and restore possession of property.
P. Venu (Expert) 11 May 2018
You have already posted this query in another thread. Please continue in the same thread furnishing the clarifications.


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