Hello,
We are in very difficult situation and need your help to proceed further. Here's the current situation of us :
My grandfather had a self-acquired house in Karnataka in his name. He expired in 1992 and was survived by his wife (my grandmother - G), 2 sons (S1 - my dad, S2) and 2 daughters (D1 and D2). Both the daughters were married before he expired. Since my grandfather did not make any will, after his death, my father S1, uncle S2 and grandmother got the property transferred in their names (the daughters were not involved in any of this).
Later in 2001, as we needed some loan and that bank loans against jointly owned property is difficult to be obtain/process, S1 and G transferred the property to S2 through a sale deed (though no money was exchanged), making S2 the absolute owner of the property. Then S2 pledged the property while taking the loan (did not mortgage). We i.e. S1 along with his family is still living in this house while S2 is living in a different city. My grandmother G died in 2015 and all was fine until recently when S2 is trying to back-stab us by selling the property to a third party and taking all the money himself. In fact, he has already made a registered sale deed against this property in Sep 2016 although the sale is not yet completed.
Now my questions are :
1) Is there any way for us to save this property from being sold by S2 ? Any legal way to do this ?
2) I think as per Indian law, daughters have equal share in self-acquired property of father. Can one of the daughters (D1) now file a case asking for her share in the property and stay the sale of this property by S2 ?
3) Can S2 get us (S1) vacated from this house using police force ? Or does he need an eviction order from court ?
3) Is there any legal option available for us to cancel the sale deed which my dad S1 and grandmother G did to S2 for taking bank loan ?
Any help would be greatly appreciated..I have contacted a couple of lawyers and have received contradictory suggestions/views...
Thanks,
