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Pradeep   12 October 2020

Father's property bought in grand father's name

My Dad had purchased some agricultural land in Bijapur (Karnataka) in his father’s name in 11980. My Grand father & uncle were very poor to buy any land, hence as a prestige my Dad had kept it in Grand father's name, who died in 2000. Then my elder uncle had managed to get illegally transfer one of these property in his son’s name & other in his wife’s name by forging my grandfather’s thumb impression & without registering it. Now he says that my grandfather had gifted them & has incorporated his son & wife’s name in 7/12 documents, probably through collusion with some panchayat members. There is no Will or Gift deed & none has been registered with the Tashildar or any other authority. My uncle also knows that he had manipulated & done wrong things, hence use to say that he will discuss the issue later with my Dad & return his land back. But that day never came.

Now my father want's his land back in his name. Please advice the procedure? 

So let me know under which clause / section we can claim our land and what action we can take against our uncle & his family. 



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 4 Replies

Dr J C Vashista (Advocate)     13 October 2020

What action (civil / criminal) has so far been initiated against such fraudster ?

It would be appropriate to contact, consult and engage a local prudent lawyer for analysing facts/ documents, professional guidance and necessary proceeding.

Pradeep   13 October 2020

No action has yet been taken. How to reclaim my Dad’s property & under which clause we can prove that land brought in Grandfather’s name belongs to my Dad?

P. Venu (Advocate)     13 October 2020

Your father can file a civil suit claiming that the land was purchased by him of his own funds, but only that it was recorded in the father's name. Any further suggestion depends upon the reply (written statement) that your uncle is required to file.

Pradeep   13 October 2020

We have many relatives who know that the land was purchased by my father's own salary / savings & personal loan funds. 

I think there will be two cases:

1) A case for cheating & forgery on our Uncle for diverting the property (bought by my father's own fund & recorded in my Grandfather's name) in his wife & sons name without informing my Dad, through wrong ways. There is also no sell /will / gift deed by my Grandfather in my Uncle's family members & none has been registered with Tashildar. Just there are changes in 7/12 documents.

2) Now once the forgery is proved, the land will go back to my Grandfather's name. Then 2nd case will arise that Uncle will start demanding again a share in his father i.e. our Grandfather's name. So how to reclaim this complete land in my father's name, who had actually acquired it through his own funds? Please update on clauses / legal aspects for it.


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