LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kumar (Accountant)     05 November 2023

Father and sister trying to steal property which was given under will to me (son)

Hi Sirs,
I am 27 years old. My mother had property, and has written a will deed stating that it would be transferable to me. The property has been mutated under my name, however, the property was put under mortgage under my sister's name (though the property was under the name of my later mother) to get a higher loan amount, since I was a student back then.
The mortgage duration is of 12 years. Through out the duration of the loan, It was me who paid the loan amount by transferring the loan money to my father's account, since the auto debit was added to my father's account.
When the loan was applied, I was a minor, and wasn't aware that there was a will under my name. It has come to my attention that there was such a will about 2 years ago, and I've gotten the title transfer done. 
But I don't have any original documents, nor the title transfer papers. 
Recently, I've found out that my father is trying to create a fake will deed, under my mother's name, and get the property transferred to his name, and there after my sister.

I have video proofs to show that, they are conspiring against me.
The only problem is that I don't have any valid paperwork with me, since the documents are lying in bank under my mother's name, and the title transfer paper was handed over to my father in good faith.

Please help me, and how should I proceed to defend myself, and ensure that I don't get cheated.



Learning

 2 Replies

Dr. J C Vashista (Advocate )     05 November 2023

You have got the property mutated in your favour, hence you are absolute owner.

In case your father or sister files any case, contest it tooth and nail, it is bound to be dismissed. 

If your father has created any fake will, get it cancelled through a declaratory suit, besides registration of a police complaint / FIR for conspiracy, cheating and fraud.

The issue involves multi-faced disputes, it is advisable to show relevant documents to a local prudent lawyer/  

T. Kalaiselvan, Advocate (Advocate)     08 November 2023

You file a suit for ejection to eject your father and sister from the property because it belongs to you by the virtue of Will and the mutation records and also an applicaiton seeking injunction to restrain them from creating any hurdle or to hinder your possession and enjoyment of the property and also court direction to your father to return the original title document to you.

You may have to consult a local lawyer and file the case as suggested


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register