Upgrad LLM

property dispute/partition


Hi ,
 
This is Shruti Sainath w/o Sainath Vasudevan.
 
This is an emergency and We would like too seek your guidance for the below stated problem.
 
1) Latha Vasudevan Mother of Sainath Vasudevan has 1 sister and 1 brother
2) The land and house which comprises of 5300 sq ft was in name Father or Grandfather (both expired more than 20 yrs ago)
3) The brother of Latha Vasudevan suddenly informed his sisters that the whole of 5300 sq ft is his property, since they spent a lot of money(by selling other property) for the girls marriage.
4) Thereby claiming 50% and 25% each for his sisters.
5) On Accepting this, the sisters signed on a sale deed and got it registered and were not allowed to read the document and forced by the brother to sign. Both the sisters being 55+ were traumatized in that situation.This happened yesterday (19 Jun 2013)
6) He now claims that he has actually got 75% of the property registered in his name(including the house) and the rest 12.5% for each of his sisters.
7) Taking into consideration both of the sisters husbands are retired and 70+ without pension, the sisters totally depended upon their promised share of the property which they were deceived off.
 

Requesting you to bestow your attention on the same and guide us as to how the sisters could proceed further to claim their property share.

This is on a very personal note we were not able to bare two ladies suffering who were broken down after being cheated by their own brother.

Thanks and Regards,
Shruti Sainath

(Daughter in law of Latha Vasudevan)

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

Once the documents are registered, it cannot be cancelled by the authorities. Court only having such power to cancel. forceful signatures  will not accept as per contract rules.

 
Reply   
 


ADVOCATE

You have not provided the nature of document obtained by your MIL's brother.  

First of all obtain a certified copy of the registered document and file a civil suit seeking to cancel the document on the grounds of co-ercion, fraud etc.

I can't understand how the sisters signed the document without reading its contents.  Also give a report to the SHO of concerned police station. 

 
Reply   
 
Advocate

1. Collect certified copy of the Deed,

2. Lodge a police complaint stating that your signatures were deceptively/forcibly collected by your brother,

3. File a Civil Suit praying for cancellation of the said Deed on the ground of forcibly collecting your signatures,

4. File an application under Order 39 Rule 1 & 2 praying for direction upon your brother restraining him from dealing with the said property in any way till the civil suit is disposed of.

 
Reply   
 
ADVOCATE

you can file a case for cancelation of document . please contact your advocate 

 
Reply   
 

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