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Gaurav singh   14 July 2017

Fraud by uncle and aunt

My father died in 1990 he didn't transferred any property to my mother. I have the legal papers of the house in which we are living. According to the papers the property belongs to my father but in 2014 my mother sell the house to my brother's wife. Without my concern. Now three years later my brother took ownership of the house and kicked me out by showing me those papers. What to do.??


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 9 Replies

Ramesh   14 July 2017

Dear gaurav,

 

   the brother of you stated above is original(blood relation) brother or cousine brother and can i know your age when that property transferd by your mother.

Gaurav singh   14 July 2017

He is my brother by blood I m a retired armymen. Age : 62 Property was transferred in 2014 sep

Ramesh   14 July 2017

sir that house proprty purchased by your father self or ancestral properties 

Gaurav singh   14 July 2017

That land on which the house is made was purchased by my father in 1963. There is no registration of house. Only legal paper of that property is the purchase paper of the land. Which is under my protection.

Kumar Doab (FIN)     14 July 2017

It is believed that Hindu Succession Laws shall apply in our case.

Confirm your personal faith: Hindu,Sikh...... 

Kumar Doab (FIN)     14 July 2017

Apparently:It is simple matter of inheritance (Intestate Succession).

Death certificate, legal heir certificate/ affidavit are basic requirements.

The property shall equally devolve upon ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters….  

Visit website/office of authority, under whose jurisdiction property falls e.g; MC.

In majority of the states the process has been digitalized and monitored. It is also under purview of RTI.  

Approach O/o Authority & submit under proper acknowledgment.

 

 

 

   

Kumar Doab (FIN)     14 July 2017

Did you ever sign any document that would amount to relinquishment of your rights?

 

Siddharth Srivastava (Advocate)     14 July 2017

Without consideration, sale deed is illegal. Details are required to be examined to ascertain the position. Challenge the sale by way of suit for declaration and permanent injunction. Consult a lawyer with details.

Kumar Doab (FIN)     15 July 2017

Obtain mutation records with all link docs and you may get an idea how and on strength of what and which document property was transferred in the name of wife of deceased owner, only.

If all efforts have failed approach a very able local counsel of unshakable repute and integrity specializing in revenue/property matters and get the relief thru state/court.

 

 



 


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