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Mrs . Shanta Rani (Housewife)     29 August 2011

Concealment of facts

My Uncle concealed the fact that my grandmother had a daughter and filed affidavits to transfer the property in his name. I now understand he is selling this property for a consideration is cash and cheque. My questions is….

 

a)    Can he sell this property which he has transferred thru concealing of facts?

b)    Can I get my share from the sale?

c)    Is my share going to be of the cheque amount only as I may never be able to prove the cash component?

d)    Can the courts suggest to the buyer that sell back the property to me at a little higher amount( Cheque amount- Agreement amount) which may result in the truth of cash component also coming out?

e)    Can my uncle be punished under law for concealment of facts?



Learning

 2 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     30 August 2011

Dear Shanta,

you can claim your share being one of the legal heir, if not get earlier. You can file civil as well as criminal case against your uncle. You can claim your share through Civil Suit and get the deal cancelled. purchaser can impleaded and dragged in litigation. without your permission property can be disposed off.

 

Regards

Rajiv Bhasin(Adv.)

Managing Partner

Bhasin & Associates

9811210505, 9868635640

1 Like

SACHIN AGARWAL (ADVOCATE)     18 September 2011

You can claim your share by filing a suit and you cana lso serve a notice upon the purchaser. You may also seek INterim Injunction on transfer of the proeprty during the pendency of the suit.


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