Ancestral property fraud
nalini
(Querist) 06 April 2018
This query is : Resolved
My great grandfather had a property in Nanital and I have the will. Recently I came to know that my uncles (my father's cousins) have put their names on the property without giving any notice to me. They have used different names for them and their fathers. One of my cousin has sold a part of the property. I want to know the process of going about it. How can I find out the real status of the land and what can I do to ensure that they are not doing any fraud?
Siddharth Jain
(Expert) 07 April 2018
File a civil suit seeking restraint order or injunctive relief as well as suit for declaration against any continuing threat from your cousins which would enable you to find out the real status of the said property.
In addition to the civil suits, proceedings can also take place under the Criminal Procedure Code for which you'll have to file a criminal complaint against your cousin/s.
For any other queries feel free to contact me at isidjain1@gmail.com
Guest
(Expert) 07 April 2018
The simple process is to get the property related documents along with will to some local lawyer, who may be expert in property laws. Any hit and trial method may not work without examination of related documents.
nalini
(Querist) 07 April 2018
Thankyou Siddharth ji and Dhingra ji, I will get in touch with you in case I have more questions. I am planning a visit to Nainital to find out the real status of the property and go about from there.
Adv. Yogen Kakade
(Expert) 07 April 2018
Get all the property related recent documents and also the old records from the revenue department with respect to the said property. Consult and appoint a good lawyer in the same city as for civil proceedings that shall be your jurisdiction to file and proceed.
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888
P. Venu 
(Expert) 07 April 2018
You have not posted the complete facts.
Kumar Doab
(Expert) 07 April 2018
Your query is on how to find the status!
Approach the designated official in O/o authority under whose jurisdiction property falls e.g; Patwaari in MC and get copies of all mutations records with all link docs…
The official can also update you on nature of property and your share if any as per applicable laws/local laws-rules and also that the sale of share (undivided/divided) is valid or not!
You may also approach your own very able LOCAL senior counsel of unshakable repute and integrity specializing in criminal matters having successful track record ………and worth his/her salt…for further action in case of fraud.
LCI Expert Mr. Prabhakar Singh is one such counsel....
Check his profile from;
http://www.lawyersclubindia.com/top_members_list.asp
Kumar Doab
(Expert) 07 April 2018
Which personal law applies in your case?
Or are you all Hindu?
The said property is agricultural land, rural, Urban, or it is a building?
The deceased title holder i.e. your great grandfather left (valid) WILL in whose favor; your father or you?
The great grandfather is apparently paternal!
Are you married daughter?
Is your father alive?
Confirm!
Kumar Doab
(Expert) 07 April 2018
In the meantime you may pick up relevant points from threads at LCI e.g;
http://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp
In query you are hinting towards some fraud.....
From docs you can ascertain if any fraud/fraudulent act has been committed...
Kumar Doab
(Expert) 07 April 2018
You may also confirm if the said WILL with you has been duly acted upon without any cloud on IT and O/o authority has mutated the property as per WILL in the name of beneficiary...
It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
It is not mandatory to probate the WILL in the area of Delhi. It is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
Dr J C Vashista
(Expert) 08 April 2018
Show the document of will along with revenue records and sale deed(s) executed by your uncles to a local prudent lawyer for better appreciation, analyses and guidance/proceeding.
nalini
(Querist) 09 April 2018
Thank you all for your expert comments. Doab ji, my ancestors are Christian and I am married to a Hindu. The property is in a small village 8 km from Nainital. There was a house there which broke down and now it is just land. The property was actually in the name of my great grandmother's name and she wrote a will to no one precisely, she distributed the said house and the remaining land equally to her children and has written clearly that it can not be sold outside the family. If every sold then the whole family should be informed and agree to it and the money should be divided equally among all the children. It also says that her daughter's husbands or children should not get any right to the property only her son's or their sons and their families have the right to it.
One of my cousin (which is the 4th generation) has sold the major and cream portion of the land to a builder without notifying any of us. I also checked the khatoni online and saw that all my uncles have their names on the same khaata number and they have used false father's name as well.
My father is no more. I wanted to know that how can they have their names on the khatoni that too on the same khaata number?
How was the land sold without any information to others?
Can a Christian property be sold to anyone?
Can I sue my uncles for using false names?
Thank you
Kumar Doab
(Expert) 09 April 2018
Pls address as Shri Kumar Doab.
I have already posted on purported fraud/fraudulent act...
You may also check if correct name was filed in requisite forms but there was some say; data entry...
Kumar Doab
(Expert) 09 April 2018
What is the opinion of LCI expert Shri Prabhakar Singh!
Guest
(Expert) 10 April 2018
Can you expect anything except rubbish, from a mentally disturbed fake expert and self styled "SHRI" Kumar Doab, appearing with his fake name and ID. Could you gather anything from his multiples posts made so far by him, where sometimes without applying his mind with some definite advice, he suggests about contacting a patwari in MC, some times to go on search of senior counsel of unshakable repute and integrity, some times a criminal lawyer for your matter of civil nature, some times asks you whether you are Hindu by religion, some times to contact Shri Prabhakar Singh and finally showed his desire to address himself, a self styled "SHRI".Kumar Doab? Not only that he has asked you what is the opinion of Shri Prabhakar Singh, when you may not have contacted him on his advice. ON THE WHOLE YOU GOT A VERY VAGUE AND UNCERTAIN ADVICE FROM A PERSON OF UNSOUND MIND, AS IF HE HIMSELF IS NOT SURE WHETHER HE IS RIGHT OR WRONG ON HIS ADVICE.
When he can't distinguish between a civil matter (property) and a criminal matter, what can be expected of this fake expert with a fake name with unknown location?
In fact, as a tout of some quack lawyers, he appears at the LCI multiple times, just to hunt clients for his masters for earning commission, and additionally to earn maximum scores to be added to his credit through his multiple posts, while advice against a single problem can well be given through a single post.
However, you would be justified to ask him, as a lay person, how to search a very able senior local counsel of unshakable repute and integrity and what is the yardstick to apply to know about his unshakable repute and integrity?
