Father property illegally transferred by aunt how to recover
Ganapth
(Querist) 11 April 2015
This query is : Resolved
Dear Sir / Madam,
My father had a property 3000 square feet empty land and my aunt 3000 square feet empty land side by side at kancheepuram cheyur Tamil nadu, this is govt waste land till 1972 and in 1984 T.N Government issued patta for this land in my father name & aunt name respectively.
My father died on oct 2013,my father has not sold or transferred this land to others till his death, But last year i checked the Government land registry record in the T.N registry website and found this land 3000 SQ feet has been transferred to my aunt name on 2003(illegally) now her land is 6000 SQ feet and in 2004 she transferred this 6000 sq ft land to her husband name by gift deed, present 2015 Encumbrance certificate also states this
My Aunt has history of procuring other lands illegally.
1)I decided to get true copy of 2003 transaction details from sub register office cheyur this will reveal how my aunt illegally transferred the property to her name
what other things i have to do to recover
the property
Kindly advice
Thank you
Murugavel
M/s. Y-not legal services
(Expert) 11 April 2015
how the property went to in favour to your aunt name? by way of sale or gift deed?
make it clear sir..
if your aunt transferred your father's property in illegal manner mean then you have to challenge the alleged sale/gift deed before court of law as null and void.
but you are strict to prove the same.
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
You may consult a local lawyer and file a suit for declaration of title, mandatory injunction and possession of property.
Rajendra K Goyal
(Expert) 12 April 2015
Use RTI to find out how the land was transferred. If it was illegal way file case. May lodge criminal complaint.
ajay sethi
(Expert) 12 April 2015
lodge criminal complaint of cheating against your aunt . file declaratory suit as advised by experts
T. Kalaiselvan, Advocate
(Expert) 16 April 2015
You say that your father died in the year 2013 but the property was transferred in the year 2003, whether your father was not aware of such an illegal activity anytime during his life time?, or whether it has happened with his knowledge?, first ascertain the details and then proceed to seek advises on legal action in this.
