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my brother cheated my mother

(Querist) 30 July 2017 This query is : Resolved 
My father gave a plot to my relative few years back for making a house only not for sell,and relative can sell plot to my family only,father gave plot at very low cost without doing any paper work. Now father is no more. The entire property was on my mother name. Now what happened my relative tried to sell that plot to outsider which was given to him only for house making porpose. So my brother transferred that plot on his own name by saying that he will give it back to my relative only when they will construct home on that plot or will sell to my family .that was fine,My mother agreed because this was the prime condition when my father gave plot to my relative. Now my relative is selling that plot in my family only means he is selling plot to me not to any outsider but my brother is refusing to give back that plot. What my mother can do now.my mother is the only daughter of her parents and whole property belongs to her.
Ms.Usha Kapoor (Expert) 30 July 2017
There are two ways of dealing with this problem.!)Through Amicable settlement: All family members sit together and enter into a Family settlement Deed giving each member his share as per unanimous agreement. and registering family settlement Deed.
2)File a suit against your brother for declaration of title and possession of Suit property in question.This way create bitterness in family feelings.
Adv. Yogen Kakade (Expert) 30 July 2017
I agree with the expert Ushaji
Kumar Doab (Expert) 30 July 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab (Expert) 30 July 2017
Although you may preferably show all property related docs./mutation records with all link docs to a very able local counsel of unshakable repute and integrity specializing in revenue/property/civil matters for a considered opinion how the property devolved upon your mother and was she legitimate owner at 1st place or not.


Kumar Doab (Expert) 30 July 2017
Believing that your mother was legitimate owner and said property was her absolute property, she could dispose it to anyone in her life time by a valid/registered deed.

In any case as per your post;your father was never any owner hence his statements about property may not matter at all.

By which valid/registered deed your mother transferred the said property to your brother; say registered Gift deed?

Assuming that transfer was by a valid/registered deed say registered Gift deed; the moment your brother accepted the gift as donee the gift is complete and it confer title with immediate effect.

Your brother being owner can decide the disposal of the property.
You have NO stake and claim in it.
Kumar Doab (Expert) 30 July 2017
This is a contentious matter and if it can be settled amicably then nothing like it.

Neither the outside person that built a structure and nor you have any power to dispose the property in anyone's favor.

Hope the matter is clear.


Kumar Doab (Expert) 30 July 2017
Referring to the title of your query; If the valid/registered deed was signed by your mother by her free will then transaction is complete.
Kumar Doab (Expert) 30 July 2017
Same Query:

http://www.lawyersclubindia.com/forum/details.asp?mod_id=152350&offset=1
Dr J C Vashista (Expert) 31 July 2017
Why do you repeat same query time and again? It is nothing but absurd, ridiculous and stupidity.
What do you gain by wasting precious time, efforts and money of experts, who are already professionals and gainfully employed and time pressed but doing a Social Service to help out needy litigants.
Kumar Doab (Expert) 31 July 2017
Sale deed confers ownership with immediate effect. It must be having narration of confirmation of amount paid by buyer and received by seller.

Rajendra K Goyal (Expert) 01 August 2017
No reply if query repeated.
Kumar Doab (Expert) 01 August 2017
This shall be another contentious matter that payment narrated in sale deed as having been received by seller was not paid to seller............

On what grounds you have framed these contentions?


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