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ramesh (director)     12 June 2024

Cheating my share in ancestral property

Sir,. Me from Tamilnadu.  My wife aged 49. Her house is ancestral property. We stay in another City.   My Wife are 5 siblings. 3 sisters, 2 brothers.All sisters married and living separately in different places. One bother married - wife and daughter. Another brother unmarried. One brother died during 2020, another brother died during 2023.  It seems both brothers during 2016 cheated my wife, by transferring house in their names. My wife did not give consent to this name transfer. Did not know about this name transfer until recently. Can she give police complaint? What steps need to reverse this transfer and get back her share? Suggestions please.


 5 Replies

P. Venu (Advocate)     12 June 2024

How is that the property is ancestral? Whose property?

What do you mean by "It seems both brothers during 2016 cheated my wife, by transferring house in their names."? What is the "transfer" you are referring to?

Please post complete facts, but not your assumptions and presumptions.

Anyhow, no police case lies in a civil dispute.

ramesh (director)     12 June 2024

Property passed down the generations to her father from his father...

My wife found that the house is in the name of her brothers.

She checked in whose name is EB bill and water tax. Found that they are in brothers' name, while she thought it was in their Father's name. My wife did not sign any papers allowing name transfer. Legal heir certificate showing her as one of the legal heirs is available.

P. Venu (Advocate)     12 June 2024

Just because property is inherited does not mean that it is ancestral.

So also, name in the EB/Water Bill or even in Revenue or Municipal records does not create, alter or destroy title to property.

ramesh (director)     12 June 2024

I got to know that my wife's Brother's wife has planned to sell house.  Per present situation, EB bill and water tax is in wife's  brothers' names, I assume that the house property could also have been name transferred in their names.  and both of them expired. So there is nothing to prevent my wife's Brother's wife to transfer property in her name for further sale to any party. My wife stays in different city with me.  While only my wife's Brother's wife and her daughter stay in ancestral house.

Base document for this name transfer could be possible only by fraudulent noc signature of my wife, being submitted to registration department, water tax department, EB bill department. Otherwise without my wife consent, how can the name transfer be possible

T. Kalaiselvan, Advocate (Advocate)     17 June 2024

You may approach a local advocate and proceed with a suit for partition which is the only remedy before you for now.

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