What can be done now

arunan (Querist) 11 June 2020 This query is : Resolved
In 1984 my dad have money to his bro for purchase of site with out any proof in his bro name the orginal paper is with me now. But my dad bro died after marriage via suicide his son sold the property very long ago with out orginal sale deed also when asked he said it was in my dad name I sold it now what can be done

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A person is asking about reclaiming a property purchased in 1984 by their father's brother, using their father's money. The original paperwork is with the asker, but the brother has since passed away, and his son sold the property many years ago. Legal advice suggests that since the property was legally in the brother's name, his son was the rightful owner and could sell it, even without the original deed. The asker has no legal claim to the property or the money after such a long period.

kavksatyanarayana (Expert) 11 June 2020
If the property is in the name of your father's brother though the original document is with you, his (your father's brother's) legal heirs have right on the property.

Raj Kumar Makkad (Expert) 11 June 2020
The person who is shown in the title documents as owner is actually owner to the that property irrespective of the fact who gave him money for the purchase of that property. Your uncle was owner of the property and on demise, his son has rightly sold the same as per his need by managing duplicate documents and so you have no any case against him.

Dr J C Vashista (Expert) 12 June 2020
Brother of your father is the owner of property, your father has no right, claim, interest, or title of the property, which is stated to have been purchased in the year 1984.
Whether your cousin,( who is stated to have sold the property) is the sole LR of his deceased father (your uncle) ?
However, you have no locus standi to challange the sale transaction.
Facts of the case posted in the query are confusing and vague, consequently experts have to presume certain facts.

arunan (Querist) 12 June 2020
They were two sons they have already sold the property 15years ago.

Raj Kumar Makkad (Expert) 12 June 2020
Nothing can be done and even if they would have sold on today then also, nothing could have been done against them as they would have been lawful owners of the said property prior to its sale.

Rajendra K Goyal (Expert) 13 June 2020
You said:
In 1984 my dad have money to his bro for purchase of site with out any proof in his bro name the orginal paper is with me now.

Reply:

You have no proof of giving money. Your father could have asked his money back within limitation period. Your father has no claim / no right on the property purchased by his brother although the money was paid by your father to his brother for the same.

You said:
But my dad bro died after marriage via suicide his son sold the property very long ago with out orginal sale deed also when asked he said it was in my dad name I sold it now what can be done

Reply:

The property was in the name of the brother of your father, after his death his legal heirs had right to sell the property. Requirement of original title documents is not essential. You have no claim of any kind on the property.

Rajendra K Goyal (Expert) 13 June 2020

You said;
They were two sons they have already sold the property 15years ago.
Reply:
They were owners, they sold it out, you can not object / claim.

Sudhir Kumar, Advocate (Expert) 13 June 2020
Agreeing with experts above, I will add that it is not clear as to what do you want after 15r years of someone having sold his father's estate.

Rajendra K Goyal (Expert) 13 June 2020
Author need to mention what he want to do now after 15 years.

After such a long time he has no claim on the money paid to purchase the property.

Original title deed are with you, Will you be able to prove that these were handed to you / your father as equitable mortgage of the loan? No chance. In such case, there would be no proof of loan, no proof of such intention of equitable mortgage.

See no ground for success of any of your claim.

arunan (Querist) 13 June 2020
Thanks for ur replies and time

Rajendra K Goyal (Expert) 13 June 2020
You are welcome, may revert in case of any further question on this issue.

Raj Kumar Makkad (Expert) 13 June 2020
You are always welcome Mr. Author.

Sudhir Kumar, Advocate (Expert) 24 June 2020
Some persons have solution for every problem.
Some persons have problem for every solution.

Raj Kumar Makkad (Expert) 24 June 2020
I do agree with the last comment of Sudhir ji. Everyone has his own qualities.

Rajendra K Goyal (Expert) 25 June 2020
Sometime comments from Sh. Sudhir Kumar reminds me Bihari Doha:

सतसइया के दोहरा ज्यों नावक के तीर।

देखन में छोटे लगैं घाव करैं गम्भीर।।

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