Hi
I have a problem concerning land ownership and specifically transfer of ownership.
I live in the UK (British Asian) and do not speak Gujurati very well, so I am finding it difficult to get any answers when trying to speak to sources in the UK regarding this subject.
Essentially my grandad owned two plots of land in India. He bought these himself decades ago. He has since passed away as has my grandma. When he was alive the two plots were transferred (in perhaps not so legal circumstances) in name to my uncle (my grandads son, lives in the UK). This was over 9 years ago before my grandad passed away and nobody knew about this transfer until last month.
My grandma passed away a few months ago and so my aunt (also lives in UK) being sole beneficiary of my grandad and grandmas will, went to India last month to check up on the land and get the names transferred over to her.
It was at this point that she was told at the land office (sorry not sure what it is called) that the names were not in my grandads but transferred to my uncle.
My aunt believe's my grandad would not have signed over all his land to his son with whom he didn't talk to. My aunt was the only sibling that looked after them in their last years, and they (grandad and grandma) always spoke as though the plots were still in my grandads name. There are 6 siblings all together just one male, 5 female. Other siblings are not involved in this nor have any interest.
Having spoken with my uncle he claims that when my grandad was alive, he said to him that he wanted to give him all his land. So my uncle instructed a family friend (also in the UK) to obtain the relevant paperwork from India. Once the paperwork was in the UK the signatures were witnessed by this friend and another family friend and signed and thumbprinted by both my grandparents here in the UK. Now both grandparents cannot sign properly so sign with a cross, neither speak english so if the paperwork is in English, they will not know what it means.
Both family friends that were witness to the signatures have since passed away so nobody is alive that signed the papers. This was over 9 years ago and only come to light last month.
There is potential here that such paperwork would have been explained as something else to my grandparents by my uncle and have them unknowingly sign it.
I spoke with the wife of the family friend who was claimed by my uncle to have obtained the paperwork and witnessed the signature. The wife claims he would never do this because he never spoke to or visited my uncles house. The wife says he was always friends with my aunt so to do this and keep it quiet from my aunt is not like him at all. The wife is now annoyed that her dead husbands name is being dragged into this situation.
There is potential here that the two witnesses did not witness at all and that their names were used just because they are dead and so cannot be questioned about this event.
What would have been the process involved to make this transfer happen given the circumstances above? My grandad lived in the UK with my grandma and both were disabled and not fit to visit India, so any forms that may have been signed would have to have been signed in the UK.
Would Bhuj-based solicitors have been involved? What identification would have been needed? How much would it have cost to transfer the
ownership? I have heard the body name "Gham Panchayat" would they have been involved?
Sorry I do not know the legal specifics so trying to get as much information on this as possible and possible options for taking legal action.
I would really be very grateful for any information or help you can provide, even if it is little detail to help me understand the way plot ownership works in India. The city is Bhuj in Gujurat.
