Joint property dispute

            Dear Sir

                         My younger brother  made sale deed in favour of his wife name from joint parental property in our parents life time.

                         My father had been  mentally retired last 6 to 8 years from his death and he was unable to recognize his children.My brother took my mother in confidence and  made power of attorney in favour  her (mother) from my father thumb impression and my mother made sale deed in favour of my brother's wife name in 2008. Mother also passed away 2 years ago.

                          now please tell me what should I do.Can I  challenge sale deed for cancellation  What will be the exp.&stamp charges

Jadhav & Associates

If there is difference between what you feel and what your brother feels (i.e. you feel he has taken advantage of your mother and also that of your father's illness, whereas he feels he has acted legally), then you can go to Court for resolution. You may employ a good lawyer who will advise you on how to proceed, but do remember that Courts take a long time to resolve issues due to a large no. of pending cases and lawyers will demand fees, besides the tension you will have.

Please try to resolve this amicably if possible since it is your brother and mother who are involved.


S Jadhav



I made my mind to take a legal action so its not a problem but could you just brief me about the expenses incurred on stamp duties.


Addition to previous message:

Brother made a registry in favour of his wife costing 15,00000.

so if i challenge that deed what will be the stamp duties charged for the cancelletion of particular deed.

Thanks & Regards

Suresh Chhabra




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