Illegal sale
Elaine Nathan
(Querist) 30 April 2014
This query is : Resolved
My father is the only child of his parents. His father had one brother who was married and did not have any children. However, he died without leaving a will. The house that he owned was built on ancestral property but it has been illegally sold (by a man who knew that the house had been vacant for a long period of time) to a third party. The stamps on the sale deed have been falsified, my father has taken the matter to court. How long will it take before we can evict the person who has bought the house. And who would be the rightful owner of the house thereafter
Raj Kumar Makkad
(Expert) 01 May 2014
You have not mentioned about the status of aunt of your father. I presume that she had pre-deceased to her husband and thus the uncle of your father was issue-less and had no first class heir to inherit his property.
In the given facts, the property duly owned by him though ancestral loses its status as ancestral and same becomes as self acquired and such type of person is free to dispose off it as per his whims and wishes during his life time.
BUT if he had not sold it during his life time, the same shall be inherited by his second class heirs means his brothers, sisters etc.
No time bound formula can be disclosed to you, however, your legal battle is in right direction.
ajay sethi
(Expert) 01 May 2014
suit would take around 10 to 15 years to be disposed of . you have not mentioned whether brother wife is alive or not . on his death property would devolve on her . if she has predeceased your uncle then property would devolve on your father as he is the only surviving legal heir
Elaine Nathan
(Querist) 01 May 2014
My fathers parents and his uncles wife are all deceased. The said property is in Goa. All the stamps on the sale deed are fake and the signatures are forged. I would like to see all the people concerned in this act punished. Was this act a criminal or a civil one
V R SHROFF
(Expert) 01 May 2014
Serious crime.
Lodge Police Complaint.
ajay sethi
(Expert) 01 May 2014
file criminal complaint of cheating , forgery .
malipeddi jaggarao
(Expert) 01 May 2014
I agree with the advice of expert Shri Raj Kumar Makkad. Apart from this, since forgery is committed, file a criminal complaint as advised by the experts. Civil dispute will take its own time and nobody can tell you the time span.
T. Kalaiselvan, Advocate
(Expert) 03 May 2014
As per your statements it is a clear case of forgery and fraud. A complaint with the police or a private complaint with a JMFC will be the immediate solution for the long pending civil suit.
Elaine Nathan
(Querist) 04 May 2014
Never heard of JMFC before what is it? We have filed a civil case against the people concerned. Our lawyer in Goa has not mentioned a JMFC. Please let me know what I need to do in order to make a private complaint of this kind. Thanks
ajay sethi
(Expert) 04 May 2014
Judicial magistrate First class . for criminal complaints
