My brother purchased an agriculture land which was self acquired by Person A who is now deceased.
Documents wise my brother verified the following
- Certified copy from Register office on the self acquired property in the name of Person A.
- Revenue documents are in the name of wife (mother of 3 sons) of Person A.
He went ahead with sale deed and registered on hisname, documents are signed by Person A wife and three sons.
Got transfered revenue documents on his name. took over the position of property
Recently my brother received a lawyer notice stating that another son exists. He has not not received his share of money and as he has not signed the sale of property, stating this sale is not valid.
Upon more detailed enquiry, my brother came to know other person is actual a son and also this family got 2 daughters.
Upon inquiry, sellers state 4th son left the place long back, not in good terms with family and go his share of land earlier. They state, when Person A was alive, he purchased some property on 4th son name and it is his share, so they do not give any share now. 4th son claims, that is his self acquired property. property is ont 4th son name. No documentary proof on Person A gave these funds.
Now that 4th son went to civil court and filed a partition suit including the sisters. My brother also has been marked as Defendent.
The sellers are not responding and have not taken court notices. Even sisters have not taken the court notices.
Advise is coming to file a cheating case against sellers.
Will my brother loose the land? or court asks to pay the partition portion of money to 4th son as on regn value? if so by whom sellers or my brother?
if he has to loose land what will happen to money he paid? Some is in white and some in black. What will be the punishment for sellers as they sold the property hiding the fact of 4th son?
How courts take such cases of undivided agriculture land?
