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praveen (Electrical Engineer)     11 May 2021

Need suggestion


My Issue is, I live in London from past 10 years, two year back my father passed away. We are both sons to my father and i am elder son. My younger brother live in India.

We have a 1200 square yard property in India. my father mother brother myself living in that property, during when am live in London, my younger brother did forgery sign of my father and prepared a Gift deed on his name for 800 square yard in the property and my younger brother not even intimated me, now he was telling this gift deed has been given by my father when he was alive and one of the witness who is relative of our family did signature for the deed as witness.

As for the municipal records, the property shows on my father name and it say gift deed is on my younger brother name.

Now the property is going under road winding and government is giving compensation we got letter from government officials saying that amount will be paid. this letter is on my father name.

Because of forgery done by my brother, he is enjoying the property and Cheque which government is ready to issue the amount.

Actually, the property of my father has to be shared between two sons, unfortunately my brother is not accepting to share equally with me he was pointing out 800 square yard is a gift deed to him. 

1. In this situation, i need suggestion what can i do if I want to get the property in equal share with my brother.

2. Can I request the government authority to stop issuing cheque to my brother and in letter which we received from government authority the property is on my father name, as for the municipal record it says gift deed is on my brother name.

3. Can i Have a right to stop this drama of brother,who did a forgery sign of my father.

4. In what way i can approach to stop issuing amount from government, as a elder brother i want to resolve this family dispute completely without any hurdles.

your valuable advice/suggestion required.


Thank you 




 8 Replies

Dr J C Vashista (Advocate)     11 May 2021

Obtain surviving member certificate (SMC) from your area Tehsildar / SDM, apply to the acquisition officer with death certificate of your father and SMC for release of compensation in equal share.

It is advisable to consult and engage a local prudent lawyer for professional guidance and necessary proceeding.

Sankaranarayanan (Advocate)     11 May 2021

with the support of all records better to consult local lawyer and act accordingly

G.L.N. Prasad (Retired employee.)     11 May 2021

Through a competent advocate, get all those documents like gift deed, Municipality records, and CCTV footages on the date of registration, etc., and your advocate may advise you to file a declaration suit praying for cancellation of the gift deed and for share. But take care of the limitation period, as the date when you have learned of the fraudulent gift deed, mutation records decides limitation period.  Supreme court judgments are confusing.  One judgment says if the deed is void, one can seek partition ignoring the fraudulent deed.  Another Judgment says the fraud is not written on the forehead of the sale deed and unless a court declares even the fraudulent deed is treated as the valid deed.   Hence your advocate will decide the issue to be challenged through a partition.

praveen (Electrical Engineer)     11 May 2021

Thank you for the prompt sir,

The gift deed has been registered by younger brother, still the property is on my father name, the letter has been issued by GHMC person to collect the money from them by showing father death certificate and other documents, how to tell the officer that its a fraud gift deed.

At the time of gift deed the witnesses are blood relation parental uncle and other relative, is it valid.

In this pandemic covid situation, how to request the government authority to stop issuing road winding cheque.



Dr J C Vashista (Advocate)     12 May 2021

Apply to concerned authorities for stay in disbursement of amount to your brother.

File a suit for declaration, cancellation of gift deed, partition, permanent injunction and mesne profits.

Lodge a police complaint against your brother for committing cheating and fraud.

Again I would advise you to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.

G.L.N. Prasad (Retired employee.)     12 May 2021

Have clarity in your query.  What made you assume that the gift deed is the fundamental fact decides the further course of action.  Ignore mutation as the property is still in the name of your father.  Further mutation neither gets a title nor removes a title and at the most, it is a confirmation of possession.  If the property is not divided by metes and bounds, the co-sharers possession is for himself and as trustee for all other legal heirs  There is no use in prolonging a post with confusing queries.  Focus on a remedy for the issue.

P. Venu (Advocate)     12 May 2021

Ignore the aspect of gift deed. File a partition suit setting out the pleading that the property left intestate jointly vested with you and your brother (and other legal heirs, if any). It is for your brother to plead and prove the gift deed, if any. 

T. Kalaiselvan, Advocate (Advocate)     12 May 2021

1. If the transfer of 800 square yard property was done by executing a registered gift deed, then it was within the knowledge of your father, how can you say that your brother forged your deceased father's signature?

Do you have any substantial evidence to establish your allegations?

Actually besides forgery, your brother should have impersonated your father in the registrar's office as well by producing somebody in the name of your father if the gift deed was  done by a registered document.

However if the gift was done on an unregistered document then it is not valid in the eyes of law, hence you can very well challenge the same and issue a notice to the Municipal authorities to cancel the entries that were created by your brother over this portion of property on his name by fraudulent means using fabricated documents  and also issue a notice to the land acquisition authority to stop the issue of cheque since this property is under dispute and he is not the absolute owner of the property. 

You can issue this notice through a lawyer. 


2. Yes you can issue a notice as suggested above.


3. What drama you mean?

What is that he is trying to play  a drama with the property?



4.  You may have to approach court of law with a suit for partition with an application for injunction against your brother restraining him from alienating or encumbering the property in any manner till the disposal of the main suit for partition.

If your brother is reluctant and not cooperating then you cannot resolve the issue by any amicable method.

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