Property fraud
Advocate B. M.
(Querist) 25 September 2012
This query is : Resolved
Dear Experts,
This is in regard to my personal property and I need some detached thinking on this as I am emotionally involved in the case.
My ancestral property is still undivided to a certain extent and the portion of divided is to the level of my maternal grandmother. We belong to matriachial family system and there are several co-parcerners including me in both the divided and undivided portions of land. My younger uncle and eldest aunt is presently in occupation and use of the entire property. Some portions of the divided land has been fraudulently acquired by my uncle in his name through POAs. We want to pin them down to a settlement wherein everybody will get their due share, however my family does not wish to enter into litigation for the same. We do not want them to further alienate the property, which they have already indulged in a few times. A public notice is also not acceptable to the family as they do not wish to tarnish the reputation of the family by disclosing this to the world at large. How can I stop any further registrations of deeds alienating the property or creating charge upon it? Please advice experts. Thanks.
B.M.
M V Gupta
(Expert) 26 September 2012
There is no way other than issuing a public notice of ur interest in the property and advising the public not to enter into any deal with ur uncle and aunt. You should also file a suit for partition and obtain an interim injunction against ur uncle and aunt from alienating the property pending disposal of the suit.
Advocate B. M.
(Querist) 29 September 2012
Thank You for your response Mr. Gupta. This is what I too advised the family. But they do not want to enter into litigation, nor do they want the issue to be made public. I cannot go against the wishes of my Grand Uncles. Therefore I look at a dead end.
M V Gupta
(Expert) 02 October 2012
I can understand the delicacy of the matter. Some times a lawyers notice issued may lead to settlement of the matter in ur favor without going to the court. I have seen such results many a time.
Advocate B. M.
(Querist) 04 October 2012
Yes Mr. Gupta. That seems the only other way. I am more worried about the divided share of my grandmother. If my uncle and aunt refuse to co-operate, then we may have to take the step of a legal notice. Thank you so much for your advice. I truly appreciate it.
Regards,
B.M.
M V Gupta
(Expert) 05 October 2012
Tell ur family memebrs that if they are really interested in securing their rightful share in the property, which is necessary not only for their own security but also their children they should not mind certin amount of hardship and feelings of famiy reputation etc. How about your uincle and aunt who are not bothered about the family reputation and going ahead brazenly to sell ur shares also and appropriate the money?
Advocate B. M.
(Querist) 05 October 2012
Mr Gupta,
The fact of the matter is that they have prepared certain documents through misrepresentation of facts, and many of the family members have blindly believed their word on the document and signed off- through which I feel they have relinquished their share albeit unknowingly in their favour. And the word spread around is that everyone has been given their due, therefore the clout and glamour they enjoy in the village is unhampered! And my grand Uncles feel that bringing out this messy story in public will damage the reputation of the "Khaandan" built and developed by our ancestors, as we fortunately or unfortunately belong to an ancient and ancestral "Khaandan" held in high esteem and repute in our state. Anyways, I shall place all the options before them, and whatever the elders subscribe to, I shall move accordingly. In the meanwhile, I have moved the office of the Sub-Registrar anonymously to procure the documents of transactions entered into by them, which will help me to informally cross them on their actions. During the further developments, in case I need some help, I hope I may be able to get the same from you. I truly appreciate your concern and help. Thank you.
regards,
B.M.
