The Suit Property was under Tenancy since 1952, in the year 1985 the then landlord sold out the said suit property to the said tenant. Since then the husband, wife, 3 sons and 2 sisters lived on the suit property. An understanding was reached out within the family to sell out parts of property within the family amongst the 3 sons.
1st son didn't have money to buy therefore opted out of the deal. Now 2nd son got 1st floor and the top floor and paid the consideration to the said land-lord directly. The 3rd son got half share on the ground floor and the other half was to come to the parents of the three sons (Husband & Wife was blind since childhood).
The Husband passed away in the year 1999 and therefore the mother and the 3rd son stayed together on the ground floor. The mother asked her 3rd son to register half of the ground floor in her name and half in his name.
The 3rd son committed fraud on her mother and didn't register the other half of the property on the ground floor in favour of his mother and got the entire property registered in his and his wife’s name.
Now the mother is blind and didn't even know that she is not the title holder of the property, though she thought she is the title holder. Now the son wants to create a third party interest on the other half of the property. Mother has no proof of fraud and filed a suit for Mandatory & Permanent Injunction against the 3rd son and his wife.
Mother got an injunction but the same got vacated when the son showed the sale deed in her name. The son may creat a third party interest now since their exists no stay.
May i request the learned members to kindly let me know their opinions and views as to what should be done in this case?