Arabinda Behera 05 July 2021

My uncle transfer undivided property to his son while the case is pending in civil court

There is a property that belongs 3 co-owners 1. my late father(who died in 2014), 2. his younger brother and 3. his late mother(who died in 2019). In the year 2017, my uncle filed a partition suit for the same property. While the case is still pending in court(as of 2021) my uncle transfer some of the shares from the property to his son's name in the year 2018. Now as per the Tahasil official record (EC certificate) mentioned that it is a gift deed and all the co-owners agreed for the deed to transfer. But how is it possible when my father died in 2014 and he agreed to the deed in 2018. How is it possible to transfer when the case is pending in court? Did my uncle forge the documents in Tahasil or how else he did that. Please help me or guide me on what can I do now.

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9 Replies

Dr J C Vashista (Advocate) 05 July 2021

Inspect revenue / related record, find out factual position qua the property and proceed as required through your lawyer who is contesting the case filed by your uncle.

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G.L.N. Prasad (Retired employee.) 05 July 2021

1.File RTI Application to the concerned authority that mutated the property and seek information as follows to decide whether there was a fraud or forgery.

Information solicited:

1.Please provide me the certified copies of all documents, office notes connected with mutation of property in S.No/House No..................situated at..................................., mutated on.........................from the name of .................................to...............................................

2.There is nothing improper in transferring his share of undivided property in the name of his son by a co-sharer. Your uncle can transfer his undivided share to his son. Generally, the property can be transferred after getting his share stating in the schedule the details of properties that came to his share after division into metes and bounds, with specific boundaries. Unless the document is studied, no one can assume and provide meaningful guidance on the issue.

3.During court proceedings, the general rule is that the transactions further to the filing of the case are subject to court judgments.

4.Mere mutation can get nor lose the title of the property, and it is just an entry that shows the possession.

5.Inform who is in possession of the property and whoever is in possession he can not become the absolute owner and is just a trustee of the property on behalf of all co sharers.

6.When an advocate is already entrusted with the case on this property, it is your duty to bring the facts and act only as per his directions.

You need not bother about such transactions when a case is pending before the court, as the sale is not to innocent strangers, but within a family.

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Arabinda Behera 05 July 2021

Sir, I have Encumbrance Certificate from Tahasil, where it states that my father transferred it on 2018. When my father already died in 2014. I have all the proof of forge documents. But my lawyer is saying in civil court nothing will happen. Please guide me sir.

G.L.N. Prasad (Retired employee.) 05 July 2021

Please remember that certain documented facts are necessary to establish fraud and forgery. When guidance is given, study the same carefully. After obtaining such certified copies, enclosing a death certificate itself confirms the fraud and forgery. You can file a police complaint against the authority and also the guilty. Let them investigate. After getting all documents in the form of certified copies, issue a notice enclosing the death certificate of your father, file a complaint to the superior authority over such officer that mutated the property alleging collusion and fraudulent mutation. You can request for such a cancelation. Time and again it is being stated that mutation has no role to play in establishing the bonafide title of undivided property. After getting all documentary evidence, request your advocate to publish a notice in newspapers about litigation and unlawful activities on the property in dispute and that it can not bind you.

Arabinda Behera 05 July 2021

Thank you sir will proceed with the same procedure. Hope things will go right.

P. Venu (Advocate) 06 July 2021

You are trying to put the cart before the horse. You have not posted the complete facts.

How co-owners? Is it family property or purchased by and in the name of the co-owners?

How there could be a case or litigation with persons who are not alive?

When was the case filed? Who is the plaintiff? Who are the defendants?

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Arabinda Behera 06 July 2021

Sorry for that but I'm not much aware of all these. But as much as I understand, this property belonged to my grandfather and later it transferred to both of his son and wife names.

In which my uncle filed a portion suit in 2017, where I and my 3 sisters (legal heir of our father) and other co-owner were present.

But in the year 2018 when my uncle transferred share(all the roadside plot) to his son, he mentioned my father name and instead of our name. For which we did not receive any notice about it. In the deed, it is mentioned that my father was present at that time of transfer. How is it possible and how can Tahasil do such things? please help me understand.

P. Venu (Advocate) 06 July 2021

It appears that you are defendant in the matter. But you are not in the full knowledge of the facts. In the absence of all material facts, it is impossible to attempt any meaningful suggestion.