Dear Sir,
My friend wants to recover the ancestral property earned by his grandfather. He is 30 yrs now. The property was sold by the elder brother of his father in 1995. The elder brother of his father did not equally partition the ancestral property. He took maximum share & few share was given to his father. My friend's father had signed the partition settlement deed out of confidence in his elder brother without reading its contents.
Meanwhile when his father wanted to sell the property ,he came to know that all the 10 plots were sold in 1995 itself. He came to know that he has been cheated by his elder brother only now. He had a share of 5 plots in it. The buyers have built houses & are residing in it.
My questions:
1. Can my friend (Major now) recover the sold plots from the residents? (he was minor during sale)
2. Can his father file a case against his elder brother as the partition was unfair eventhough he had signed the partition agreement?
3. If his father is not interested to recover the properties ,can my friend recover the property being the legal heir of his grandfather's property?
4. If residents ask to return money, which needs to be given? sale price of plot OR current market price of the plot?
5. As they prefer to retain this commercial property, what are the ways to recover the property?
6. If it is not possible to recover the property, can his father file a suit to get 50% of sale price of the plots with compund interest for 20 yrs from his elder brother?
Thanks in advance!
