Respected Lawyers,
We are three brothers and I am the elder one.
My father purchased 5 shops among which 3 shops in the name of my mother and 2 shops in the name of my father. All purchased via sale deeds.
Now both of my parents were died in 2018. In 2019 my two younger brothers obtained the death certificates of both my father and mother and executed a gift deed in favour of each other, first younger brother gifted two shops to second younger brother and second younger brother gifted 3 shops to first younger brother.
In the gift deed they attached the death certificate of both my mother and father. And also attached legal heir certificate in which only two names were mentioned first younger brother and second younger brother.
After very long time when I inspected I found that the original legal heir certificate has three names (including my name) but in the gift deed papers they fabricated the legal heir certificate to show only two names.
Now they have the gift deeds with them, they sold the 5 shops to third party and took the money from them and run away.
I have managed to find out them and threatened them that if they don't give my share( 1 and 1/2 shop) I will drag them to court. Then they said pay us 10 lakh and we will give you 2 shops (10 lakh for 1/2 shop and my share is 1 and 1/2 shop)and I agreed & paid then they sent that 3rd party and the 3rd party executed a sale deed in favour of me.
Now my question here is,
1. Since there was no partition deed executed between 3 brothers and I am buying like a third party from another third party via sale deed, Is my sale deed will be in trouble in future ?
2. Will the both first and second younger brother come tomorrow and say that we didn't made the partition deed and now we want to make the partition deed and cancel my sale deed ?
3. I have appeared the court to get the other 3 shops and 3 shops I have owned by "out of court settlement" by paying some money to the other third parties, will my 1st and 2nd younger brother in feel of jelous come and say that we didn't made the partition deed and we will surrender and goto court and make appeal in the court for partition then in that case what will happen to my 3 shops which I have paid and purchased via sale deed from the other third parties ?
4. Now I am owning 5 shops out of which 2 are from 1st and 2nd younger brothers by paying 10 lakhs. For 3 shops I made a civil court case but the parties made out of court settlement and I paid them and they executed the sale deed in favour of me without involvement of my 1st and 2nd younger brothers. Are my 5 shops in danger ? If yes please advise how to over come ?
Now I am owning all 5 shops and all are sale deeds, Please advise how to protect them if they are in danger especially from my 1st and 2nd younger brother.
I request all the expert lawyers over here to please give their valuable advise in the matter.
Thanks & Regards,
N. Shah
USA
