Can i suite a case his brother and mother as a forgery
PANKAJ
(Querist) 03 January 2019
This query is : Resolved
Dear Sir / Madam,
kindly advice me i have purchased land last 10 years ago. i was purchase from two brother and his mother . After 10 years his sister sale her share same property to third party last month . same land sale without my knowledge without portion can sale as per Hindu act . Also his brother and mother sale all land so many people. but his sister ask to share only my property and he sell his share in my property . Can i suite a case his brother and mother as a forgery.
pls. advice me how can get police help.
Regards
Pankaj
Sudhir Kumar, Advocate
(Expert) 03 January 2019
You purchased land from a lady and her two sons.
Did they have clear title ?
After 10 years did the sister sell the same land (which was sold to you) or her part only ?
Who is demanding your property and how?
Dr J C Vashista
(Expert) 05 January 2019
At the time of purchase of land how do you find/confirm that sister is not the owner/ shareholder ?
Show the title documents, revenue/municipal/ other relevant record to a local prudent lawyer for better appreciation, guidance and proceeding.
PANKAJ
(Querist) 05 January 2019
Sir ,
I would like to thank you your suggestion. Kindly note that lady husband death in 1995-96 & sons father, i was purchase from lady & 2 sons. after sister same land sister his share to sale third party . i want my land to boundary then sisters & party stop their boundary . his brother sale many land but his sister no objection only ask for my property her share. in case supose to ask a share from his brothers & mother. if they sale land what about my money. Please suggest.
Regards
Pankaj
Raj Kumar Makkad
(Expert) 13 March 2020
No person can sale the land/property showing the tile of others. Brother if was not authorized by way of his GPA, his was not entitled to sale the share of his sister and so the part of the said sale-deed executed in your favour by mother and her two sosn is null and void and is liable to be set aside.
You can file a civil suit against both sons and their mother means your sellers and can also file a criminal case. Meanwhile you seek stay order against the possession of the land and the new buyer shall have to get the partition of the land from proper court of law.
