RAHUL AGRAWAL 13 January 2022
Archana Pandey 14 January 2022
Ans 1) You will retrieve the property under Section 10 of Hindu Succession Act which says "Distribution of property among heirs in class I of the Schedule"
Rule 4 : The distribution of the share referred to in Rule 3 -
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his pre-deceased sons gets the same portion;
Ans 2) You can charge him under Section 464 for making a false document, dishonestly and fraudulently.
And 3) For taking a loan you can file again case under Section 469 for Forgery for purpose of harming reputation.
Aryan Raj 14 January 2022
In response to your query,
Section 10 in The Hindu Succession Act, 1956
Distribution of property among heirs in class I of the Schedule.—The property of an intestate shall be divided among the heirs in class I of the Schedule; Rule 4.— The distribution of the share referred to in Rule 3— (i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his predeceased sons gets the same portion;
You can charge him with manufacturing a fake document, which is a dishonest and fraudulent act, under Section 464. You can also file a lawsuit under Section 469 for forgery with the intent to injure another person's reputation if you take out a loan.
For illegally transferring the property and making a profit by selling the same you can file a case against him for Forging the documents/Misrepresentation of facts/Misuse of Power of Attorney/Preparing fake documents.
Megha 16 January 2022
Please find response to query below.
Firstly, you can file a case against your uncle fraud commiting fraud by way misrepresentation of facts, making false documents and forgery of documents under sections 415, 420 464, and 463 of Indian Penal Code, 1806 (IPC) respectively.
Now, with regards to the bifurcation of the property under dispute, the first and foremost point to be noted is that your grandparents died intestate ie without a registered will for the division of property. In such cases, the provisions of the Hindu Succession Act, 1956 from section 8 to section 13 will have to be given effect to.
Section 8 lays down the general rule of succession incase of death of an intestate male, section 9 to 13 carves out the order of succession amongst various classess of legal heirs. As per section 8, the property will first be distributed amomgst Class 1 heirs (Son; daughter; widow; mother; son of a pre-deceased son, etc). The division as per Rule 4 od section 10 specifies that in case of a pre-deceased son, the division of his share shall be equal amongst his widowed wifeandsurviving sons and daughter. Accordingly. you will beb entitled to such share of property as was attributable to your father along with your sister.