Mother's name deleted by her brothers
arunkumark
(Querist) 31 October 2014
This query is : Resolved
The property located in maharashtra owned by my grandfather( mothers's father)is up for sale by my uncles.My mother died in 1991 and her father died in 1971.After that in 1971 my mother was emotionaly tortured and pressurised to sign some blank papers with a verbal promise that ur share will be given to u at the time of disposal of these 2 properties. Those blank papers with mothers signature were later submitted with the city survey officer and her name deleted as per her wish. No release deed was made or any compensation was given to my mother till today.The documents at city survey can be relied which are made/fabricated in the year 1973 ?.My mothers sisters are alive and they are ready to support me.What action i should take to stop them selling my mothers share.Is it possible to take a stay from local court and what is the juridiction.please advise.
selva perumal
(Expert) 31 October 2014
Hello Madam,
If your grand father died intestate( with out making any will or settlement in favour of anyone regarding the property) then you have a right to seek partition with your uncle. Try to file a partition suit against your uncle as soon as possible, to support your claim joining your aunts as plaintiff in that suit. Before that issue a legal notice to your uncle claiming partition in respect of the non-partitioned property. In that suit you can seek interim injunction against your uncle for not to alienate the property. In respect of local court jurisdiction consult a advocate there.
V.SELVA PERUMAL
ADVOCATE
HIGH COURT, MADRAS
Rajendra K Goyal
(Expert) 31 October 2014
The language written on the blank papers need to be seen and whether these were ever got registered.
Consult a local lawyer and show him all the documents.
ajay sethi
(Expert) 31 October 2014
what were you doing for 40 years ? if mother signature was obtained on blank papers she should have filed complaint against her brother . challenged decision of deleting her name in city survey records
