I had claimed my share in my grandfather's properties which was declared as joint family properties between me and my two brothers .
Thus my share came to be declared in the suit schedule properties.
During the pendency of the suit , both of my brothers allegedly sold away entire suit properties (inspite of non alienation order ) and thus got registered sale deed documents created and acted on them accordingly in favour of the 3rd person.
1. What and how can I hold these transactions
as false and fictitious transactions.
2. Under what provisions of law can a suit be
filed against them for allegedly creating
these false and fictictious sale deed
documents during the pendency of the suit.
Hello,
1. Challenging the Transactions as False and Fictitious:
To challenge the transactions as false and fictitious, you may need to gather evidence and present it in court to prove that the sale deed documents were created fraudulently. Some possible steps to consider include:
a. Obtain evidence: Gather any evidence that supports your claim, such as documents, witnesses, or any other relevant information that demonstrates the fraudulent nature of the transactions. This could include evidence of a non-alienation order, proof of your brothers' knowledge of the court case, or any discrepancies or irregularities in the sale deed documents.
b. Consult an expert: It may be beneficial to consult with a legal expert or property lawyer who can help assess the validity of the sale deed documents and provide guidance on the legal options available to you.
c. Engage in legal proceedings: Initiate legal proceedings by filing a case against your brothers and the third party involved in the alleged false and fictitious transactions. Present your evidence to the court, clearly outlining the fraudulent nature of the transactions and seeking appropriate legal remedies. geometry dash lite
2. Provisions of Law for Filing a Suit:
The specific provisions of law you can rely on may depend on the jurisdiction and the applicable laws in your country or region. However, some general legal provisions that could potentially apply in such a situation include:
a. Fraud: If you can prove that the sale deed documents were created with fraudulent intent, you may be able to file a case for fraud. Fraud generally involves the intentional misrepresentation or deception that causes harm or loss to another party.
b. Specific Relief Act: The Specific Relief Act, or similar legislation in your jurisdiction, provides remedies for breach of contract, including the cancellation or modification of contracts that have been entered into fraudulently or under duress.
c. Property Laws: Depending on the specific property laws in your jurisdiction, there may be provisions that protect the rights of co-owners or prohibit the alienation of jointly owned properties without the consent of all owners.
