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sivaprakashravi   07 March 2018

Uncle cheated on my father

My father bought a land and registered the land on his elder brother for some loan application, since my unclde dont have any children. But after years we came to know that my uncle sold the property to some one else on 2001 without our knowledge. But still we have the lands posession and we have the mother documents and even the property's seller knows all the happennings. Is there any way to file a case against uncle for cheating?.


 4 Replies

Kumar Doab (FIN)     07 March 2018

The sale by registered sale deed by title holder (owner) may not be bad!

You erred by registering title in the name of said uncle.

If you have irrefutable evidences of having paid the amounts to uncle/lender to pay off the loan ,  then ask to pay back amicably.

This can be easiest and best recourse.

Do you have any agreement/ narration in writing about such arrangement with uncle?

If yes, you could have made use of IT.

Kumar Doab (FIN)     07 March 2018

 

You may also go thru;

 

THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016;

2; (9) "benami transaction" means,— (A) a transaction or an arrangement— (a) where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid by, another person; and (b) the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration, except when the property is held by—

(iv) any person in the name of his brother or sister or lineal ascendant or descendant, where the names of brother or sister or lineal ascendant or descendant and the individual appear as joint-owners in any document, and the consideration for such property has been provided or paid out of the known sources of the individual;

https://www.prsindia.org/uploads/media/Benami/Benami%20Transactions%20Act,%202016.pdf

THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988

2; (9) “benami transaction” means,— (A) a transaction or an arrangement— (a) where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid by, another person; and (b) the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration, except when the property is held by—

https://lawmin.nic.in/ld/P-ACT/1988/A1988-45A.pdf

Kumar Doab (FIN)     07 March 2018

 

Apparently you are contemplating ‘Adverse Possession’;

You may go thru many publications, threads, articles, judgments at LCI and pcik up relevant points; e.g;

https://www.lawyersclubindia.com/experts/Property-law-601596.asp

 

If matter can be resolved amicably, nothing like IT.

Or approach with case file a very able senior LOCAL counsel of unshakable repute and integrity specializing in concerned filed of law e.g; Civil matters and having successful track record……………and worth his/her salt….

sivaprakashravi   08 March 2018

Yes the property is registered on my uncle since he has no children. i have the mother documents of the property. my uncle bought a duplicate of the mother document from register office and proceed the sale. we still have the posession of the property for more than 20 years.

we have the mother document of the property and a blank paper signed by my uncle.

there is another case on my uncle for cheating my aunt. she got divorced before 7 years. even my uncle'x ex-wife knows the truth.

below is the layout. red color marked land is which he sold to some one else.

 


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