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karthikeyan   11 April 2015

Selling property without owner's knowledge

My brother died 10 years back and my mother is still alive. My brother had some business and he seemed to be living successfully. After his death, his wife and son came and told my mother that the business is at loss and they have so much debt. so she should renounce her rights on her son's assets, they wanted to dispose 40 cents of land which is the only property in my brother's name to settle debt. The story at the time was not very convincing, so my mother refused to give up her rights on everything at once. She is old and does not have any earnings, she lived alone in her village and her son used to give her monthly allowance. Over the years, she gave up rights on 2 properties (40 cents) in a prime location and some some bank accounts. Recently we learned that my sister in law and nephew lied to us. Which forced my mother to file suits against them stating that she would like to retain her rights on both properties and bank accounts since they tried fraud means. 

They are very confident that we are not going to win the case since my mother willing gave up her rights over several years. And also told they had made her sign on a blank sheet while preparing the docs to transfers her rights which they will use to sell all the properties. They openly told us that there are several other properties in addition to the 40 cents which has more value. Even if court rules in our favor, my mother might get 1/3 of 40 cents. There are several others my mother is not aware of. We were told only of 2 properties for which she renounced her rights and now has an injunction order on those land. Is there a way to find out about the rest and stop them from selling it. They keep saying that we will never find it unless they tell us the location.



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 3 Replies

saravanan s (legal advisor)     11 April 2015

While filing partition suit for the property you already know that your brother had owned  also pray for leave of court under  2 rule 2 to file partition suit for any other property later on when you come to know about it.

karthikeyan   12 April 2015

Thank You for the reply. Is there a way to find out what all was owned by my brother like other properties, bank details, etc. Can information be requested by RTI on my brother's or their family assets.

T. Kalaiselvan, Advocate (Advocate)     15 April 2015

From whom will you get the personal information about your deceased brother?  You have to make a random search in the registrar office on his name or to look for the sources to get the information.  Such questions cannot be addressed here.


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