Grandmother property fraud

Sumeet (Querist) 26 December 2020 This query is : Resolved
Hello dear lawyers,

The Facts are:-

My grandfather is mentally sick from many years and my grandmother died in 2005.

My grandmother had 10 acres of land in village and she died in 2005 without will.

It's been 15 years and still the land is in the name of my grandmother.

My father didn't knew about it that my grandmother had the land in village nor my grandfather told my parents because of mental health issue.

The land is cultivated by my grandmother's brother family and just one week back my father came to know from a villager that -

My grandmother's brother had taken a loan on that land 4 years back, didn't repaid the loan.

1 month back, the bank auctioned the land and the son of my Grandmother's brother brought it in very less amount by bank.

I was shocked, now the land in the name of ( Grandmother's brother's son).

1. HOW IS POSSIBLE FOR THEM TO TAKE LOAN ON MY GRANDMOTHER'S LAND 4 YEARS BACK WHEN SHE DIED 15 YEARS BACK.

2. PLEASE GUIDE ME WHAT SHOULD I DO

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Quick Summary

A family is investigating potential fraud after discovering their deceased grandmother's 10 acres of land was mortgaged and sold by her brother's family without their knowledge. The land, which remained in the grandmother's name for 15 years after her death, was recently auctioned and bought by her brother's son for a low price. The family is seeking guidance on how this was possible and what legal actions they can pursue to reclaim the property.

Isaac Gabriel (Expert) 26 December 2020
Trace the village records , find out the fact. Show the available records to lawyer. Perhaps 33 years of encumbrances could be obtaied from the registrar office and file a case.

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Anil Satyagraha (Expert) 26 December 2020
26-Dec-2020 Sat, 08:10 PM
Given the set of facts and circumstances, here are the possible next steps that you might want to consider:
1. Verify and obtain the relevant documentary evidence
2. File a Criminal Complaint and set into motion, the Criminal Law so as to investigate into the Crime
3. Send a Legal Notice upon the opposite party - claiming Title over the disputed land and / or Partition of the Property
4. Initiate Civil Action for Claims which include Title Declaration, Partition of Suit Schedule Property

*** Note that by all means, take the help of a legal counsel who has expertise in the area of your concern.

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Sumeet (Querist) 27 December 2020
Thank you Sir...................

P. Venu (Expert) 27 December 2020
The facts posted are less than convincing. Anyhow, your father has the option to file a suit for partition.

Dr J C Vashista (Expert) 28 December 2020
How and when did you or your father came to know that your grandmother was owner of 10 acre land in her parental village ?
It is better to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.

Sumeet (Querist) 28 December 2020
Sir, My grandfather is not mentally stable for many years and my father was not aware of the facts.
My father rarely visit village because no one lives there.
After 6 years my father visited the village in this year , My father came to know about that by villagers.
My father immediately went to the tehsil office and checked the name of my grandmother.

He found and verified all the details to be true.

Dr J C Vashista (Expert) 29 December 2020
It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

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