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Shekhar (consultant)     31 January 2015

Grand fathers property - litigation

Dear Experts

I need your advise in one dispute  related to the ancestral property

Let me take you to the history of the case: 

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My Grand father has 4 daughters and no son. My mother is one of sisters.  My Grandfather purchased land of 30 acres in one village in Maharashtra some time in 90's .  One of my mother's sister (say X) was deserted by her husband and her family used to stay with my grand father and grand mother in Maharashtra.  My grand father has written 10 acres in X's name. .   Remaining 20 acres was in my grand father's name only.

After my grand father's death,  My cousin (Son of X ) has told all the sisters that since the property is in the name of grand father, he will transfer the title to our grand mother and that he needs the signatures of all the sisters. The deed was drafted in Marathi (all the 3 sisters only understand telugu) and all the sisters blindly believed my cousin and signed the documents. After our grand mother's death, we came to know from local sources that my cousin has transferred all the 20 acres property in his name ( we came to know that the following matter is there in the document " that the sisters have to objection in transferring the title to his name as he has served our grand father for so long" like that).   And out of the 20 acres, he has transferred few acres to his sister and mother as well.

After long arguments and confrontations, he agreed to sold off the property which is in his mother's name ( i.e 10 acres) and distribute the money among the remaining 3 sisters ( that too paying off all the debts whatever, and deducting broker's commission).  After selling off the property also, he is deliberately not giving the full amount ( he only partially paid )

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Please tell me what are the options do we have now here for the remaining 20 acres which he has gotten in his name by cheating.  

1) First, he has cheated the family members and got every one's signature. Is this argument  valid in the court of law?    Can we file cheating case against him?

2) Generally its said that the grand children are legally entitled to the grand father's property. So, in this case, even if all the sisters have signed in favour of my cousin,  can we still (all the cousins) file a case claiming that property.

Also, even if we want to file a case, we don't know the property locations, survey no's etc and we don't know anyone there. How do we proceed in this case.

You response is highly appreciated.. Thanks for your support!!!



Learning

 6 Replies

Jai Karan Nagwan (consultant)     31 January 2015

Have your mother's sisters appeared in court for making statement or is relinquish deed registered or when you got to know that property is transfered on cousin name. Generally brother and sisters or sister with sister keep lot of love, but when all children grown, Dispute starts.

Isaac Gabriel (Advocate)     01 February 2015

Consult local lawyer and take action for filing suit .

Shekhar (consultant)     02 February 2015

My mother and her 2 sisters never appeared in the court. They have simply signed on one document whatever is given to them by my cousin. We even now don't know what documents it is and the matter inside.  One more thing is all this happened some 4 to 5 years ago.. Some people are saying since its been long time,  we have lost opportunity to file petition.

 

Dear Jai Karan ->  I agree with your statement  that "Generally brother and sisters or sister with sister keep lot of love, but when all children grown, Dispute starts" .  Here in this case, my cousin's mother (One of the sister) also supports her son. The fact that the person whom we trusted so much cheated us has really disturbed us.  Will the court accept if the sisters say that they believed him and signed the document and that they want to cancel whatever they have signed earlier.  One more thing, one of the sister has died recently because of health issues( again, culprit is my cousin only)

Basically, we are not interested in the property but rather see that he didn't get the property

Please advise

T. Kalaiselvan, Advocate (Advocate)     02 February 2015

This matter can be easily handled with talent; 1) The act of cheating can be proved by the language used in the deed which is not known to the executants.  2)  A relinquishment deed cannot be made to a third person who has no right or interest in the property;  3)  The self acquired properties left behind intestate by its erstwhile owners will devolve upon the legal heirs only and not on the next generation heirs when the actual legal heirs are alive.  It is better to consult a local lawyer and file a suit to cancel the registered relinquishment deed immediately, the limitation can be counted from the date of knowledge within three years from the date of filing the suit.

Shekhar (consultant)     03 February 2015

Dear Kalaiselvan,

Thanks for the response!!

Do you meant to say that  its been more than 3 years  since we came to know of his cheating, we don't stand a chance to file a petition against him?

In that case, can you please suggest something

Thanks

Jai Karan Nagwan (consultant)     07 February 2015

In such cases there is no ground except entering into contract with undue influence, fraud, misrepresentation and declaration of entries in the revenue records as null and void. Meet advocate soon.

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