In the year 1985 my father purchased a DDA flat in Dilshad Garden Delhi, the flat was in the name of my father but in the year 1996 my father sold this flat and purchased a new flat in the same area in the joint name first name is my mother and second name is my father in the year 2004 my father died the property is still in joint names, in the same area there was a lady who is my mothers best friend and my mother was in need of money and without informing us she has pledged our home and take Rs.1lakh as loan but she and her husband cheated on my mother and take signature on “Agreement to sell” in which they entered that they are paying Rs10lakhs as cash (down payment) and she has to transfer the property after receiving Rs.5 lakhs as balance after six months. We are two brothers who are major.
Few points
The agreement to sell is not registered
The payment is made by cash
The property is in joint name still
The property papers are with the cheater
After the death of my father his share would go to all the family members
Please advice what are the options available to us.
