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Shekhar (consultant)     29 January 2015

Grand father's property - Pls help

Dear Experts

I need your advise in one dispute  related to the ancestral property

Let me take you to the history of the case: 

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My Grand father has 4 daughters and no son. My mother is one of sisters.  My Grandfather purchased land of 30 acres in one village in Maharashtra some time in 90's .  One of my mother's sister (say X) was deserted by her husband and her family used to stay with my grand father and grand mother in Maharashtra.  My grand father has written 10 acres in X's name. .   Remaining 20 acres was in my grand father's name only.

After my grand father's death,  My cousin (Son of X ) has told all the sisters that since the property is in the name of grand father, he will transfer the title to our grand mother and that he needs the signatures of all the sisters. The deed was drafted in Marathi (all the 3 sisters only understand telugu) and all the sisters blindly believed my cousin and signed the documents. After our grand mother's death, we came to know from local sources that my cousin has transferred all the 20 acres property in his name ( we came to know that the following matter is there in the document " that the sisters have to objection in transferring the title to his name as he has served our grand father for so long" like that).   And out of the 20 acres, he has transferred few acres to his sister and mother as well.

After long arguments and confrontations, he agreed to sold off the property which is in his mother's name ( i.e 10 acres) and distribute the money among the remaining 3 sisters ( that too paying off all the debts whatever, and deducting broker's commission).  After selling off the property also, he is deliberately not giving the full amount ( he only partially paid )

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Please tell me what are the options do we have now here for the remaining 20 acres which he has gotten in his name by cheating.  

1) First, he has cheated the family members and got every one's signature. Is this argument  valid in the court of law?    Can we file cheating case against him?

2) Generally its said that the grand children are legally entitled to the grand father's property. So, in this case, even if all the sisters have signed in favour of my cousin,  can we still (all the cousins) file a case claiming that property.

Also, even if we want to file a case, we don't know the property locations, survey no's etc and we don't know anyone there. How do we proceed in this case.

You response is highly appreciated.. Thanks for your support!!!

 

Regards

Shekhar

 

 

 

 



Learning

 2 Replies

Shekhar (consultant)     30 January 2015

I'm still waiting for your valuable opinion...  please help..;

 

Thanks

Shekhar (consultant)     02 February 2015

Dear all,


I only need advise if we can file cheating case against my cousin and can we claim our rightful share in the property. Please let  me know if you need any more information

Thanks

Shekhar


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