Regarding sale of a property

B.V.S.Durga Prasad (Querist) 27 March 2023 This query is : Resolved
My mother owns a land 9.14 acres which was bought by my father. My mother was illiterate, as I was residing far away from my mother, my younger brother and elder brother convinced my mother that the land will be mortagaged and again they will release the land. So my mother signed the documents. But actually they sold the land for 75 lakhs. And not even single rupee was given to my mother. The entire amount was credited to my both of the brothers account. After 1 year I came to know that the land was sold without my signature. And not even single rupee was credited to my mother account. Now my mother wants to file a case against my brothers as they told her the land will be mortagaged but actually they sold it... Is there any solution for this

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A mother's land was fraudulently sold by her sons, who misled her into signing documents under the pretence of mortgaging it. The sons received the full sale proceeds without her knowledge or consent. The mother is seeking legal recourse to challenge this sale and potentially reclaim her property. Consulting a local lawyer is strongly advised to explore options under property law and the Maintenance & Welfare of Parents and Senior Citizens Act, 2007.

kavksatyanarayana (Expert) 27 March 2023
Your brothers and you have no right over the property during your mother's life and they cannot sell the land but they sold it fraudulently. So your mother shall file a case against your brothers. Consult a local lawyer.

Dr J C Vashista (Expert) 28 March 2023
She may approach Deputy Commissioner under the provisions of Maintenance & Welfare of Parents and Senior Citizen Act, 2007

P. Venu (Expert) 28 March 2023
Has your mother duly executed and registered the sale deed conveying the property to the buyers? If so, pursuing the legal remedies is rather difficult, unless there are inherent shortcomings or defects in the deed.

ashok kumar singh (Expert) 28 March 2023
query based on the fact, without any document, are baseless to derive any appropriate suggestion. however, its suggested to consult with the available local lawyer in your vicinity. thanks

T. Kalaiselvan, Advocate (Expert) 28 March 2023
Your brothers cannot sell the property which is on your mother's name.
She should have executed the sale deed whether knowingly or unknowingly.
If they informed her about mortgaging the property then why did they not give any money to her?
If the property was on your mother's name, there is no necessity for obtaining your consent or signature to sell the property.
You may collect the relevant papers and discuss with a local advocate to get a proper opinion based on the documents.

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