Yasin (Software engineer) 05 March 2012

On can buy property from his own father?

I'm a Indian from Andhrapradesh, I'm Muslim religion and male/single,my mother died when i was 2 years old and my father didn't marry any another women, i have 3 elder brothers , 4 elder sisters and i'm the last person in my family. i'm working in gulf. 2 months before my father sold me his house/all property and i already applied to change on my name for water connection and electricity . after 10 days my big brother made one fake document paper with 5 years back date with my father's duplicate signature.in that document written that my father took 11Laks from him for his medical treatment and for this money he will give his house and property to him at any time.
my all 4 sisters and 2 brothers are with me. every body knew this is fake and my father never took credit from any one, he is getting his own pension every month and he is a retired gov. doctor

My big brother is a private lawyer, and i hope he knew all tricks. now he climes case and send notice to my father to do not sale his property to any body.but this notice was posted 10 days after i purchased.
we all brothers staying in different partitions in the same house(which i purchased from my father)now i want to send him out and want to do some construction.

my question is my big brother's notice/case will effect my registered documents?i can't force to him to go out? or i can't do any remodel/construction until solve the case? even i don't have any connection with that notice.

Please suggest me and help me, what should i do?

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4 Replies

Shantilal Pandya ( Advocate) 08 March 2012

You can file a suit for eviction of your brothers etc , it is for your contestng brother to plead and prove his case by a separate suit, which appears to be unlikely and if he files a suit he is not likely to be successful in the given set of facts and circumstances if the suit or suits are pending whether to permit construction or not depands upon courts discretion

if the so called writing alleged to have been passed by your father was intended to have binding effect in that case also your brother will have to file a suit for specific performance accoeding to law but he does not become the owner of the property automatically . any way your case appears to be fought out with great care and caution ,

Fell free to contact

Shantilal Pandya ( Advocate) 08 March 2012

Originally posted by :Shantilal Pandya
"	You can file a suit for eviction of your brothers etc , it is for your contestng brother to plead and prove his case by a separate suit, which appears to be unlikely and if he files a suit he is not likely to be successful in the given set of facts and circumstances if the suit or suits are pending whether to permit construction or not depands upon courts discretion of the court which may be conditional if the so called writing alleged to have been passed by your father was intended to have binding effect in that case also your brother will have to file a suit for specific performance accoeding to law but he does not become the owner of the property automatically . any way your case appears to be fought out with great care and caution , Fell free to contact	"

Yasin (Software engineer) 12 March 2012

Thanks you soo much Mr.Shantial Pandya. But i'm working in gulf country and i'm can't go india for job reason. and i want to solve this case with in short term period. i know how court cases will deal. it tooks years and years to solve. is there any way to solve as soon as possible?

Regards,

Shaik Mohammed Yasin

Yasin (Software engineer) 12 March 2012

and in feature my brother can do some thing with me like he did for my father. he can do another fake paper with my signatures also. we can't stop these type of corruption?if some one made fake paper and applied in court to make delay our work. we can't do anything untill solve those cases?

how can i secure my signature to avoid these type of fake cases?

Thanking you,

Shaik Mohammed Yasin