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Law of limitation to get back property usurped by brother

Querist : Anonymous (Querist) 21 March 2010 This query is : Resolved 
I am an Indian Christian currently living in Mumbai, Maharashtra. My father died intestate in 1980. I went to America in 1985. In 1990, during my absence, my brother sold my father's property without my knowledge by claiming that he is the only son to a Buyer. When I came back to India in 2010 for good, I became aware of this illegal deed of my brother committed in 1990. The current market value of this property is Rs. 60 lakhs.

1) To recover my share in the property, can I file a complaint against my brother, the Buyer and the Witnesses to the Sale Deed today i.e. 20 years after the fraud was committed by my brother.

2) What is the Law of Limitation for filing a complaint against own brother for selling immovable property of intestate Christian father? (I have come to know that my brother had submitted a wrong genealogical family tree omitting my name and had also advertised in the newspaper before selling this property).

3) If the Buyer was unaware of this fraud, can I still recover my share in this property from the Buyer?

Please give your learned advice urgently. Thank you.

Raj Kumar Makkad (Expert) 21 March 2010
No law of limitation comes in your way in the given circumstances. You have just came to know about such fraud so move fast and immediately lodge a FIR against your brother and you can recover your illegally sold property though buyer shall take the plea of bonafide purchaser.
Querist : Anonymous (Querist) 21 March 2010
I thank you Advocate Makkad.

If the Buyer is a bonafide purchaser, how will I recover my share in the property from him?

Please help me to decide.


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