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Shekhar (consultant)     11 June 2012

Property dispute

Dear Experts,

My Grandfather has 37 acres of land in his name. He has 4 daughters. One of my Aunt had a divorce and has been living along with her son in my grandfather's house since long time. My Grandfather expired 5 years back. My Aunt's son has taken the signature of remaining 3 sisters giving them impression that the property is being transferred to our grandmother , so all the sisters had to sign on that. This has happenned nearly 4 years back and after my grandfather's expiry. Since the land is in nagpur, everything is written in Marathi in the document and all of them signed it not knowing what has written on it. Now we have discovered that the following matter is there in that document ,  "We don't have any legal rights on that property , we are giving consent to the transfer of the property to him (Aunt's Son).  Since elders (grandmother )are being taken care of by him, we are transferring the property in his name"  (don't exactly know the wordings, but matter is similar to above). Based on this document, My Aunt's son already transferred the property in his name and to his sister.

Now, can we fight this out in the court? Since the signatures are being taken by misleading them, do we have a case in our hand?  What rights we have now?  Can the remaining daughters get the share in the land?

Eagerly waiting for your valuable advice..

 

Thanks in advance

Shekhar



Learning

 2 Replies

Kishtaiah (Advocate)     12 June 2012

Yes, you can file a case in the court and win.  Find proper lawyer in the area.  The declaration that

"We don't have any legal rights on that property , we are giving consent to the transfer of the property to him (Aunt's Son).  Since elders (grandmother )are being taken care of by him, we are transferring the property in his name"

all the above matter is not legal.  Look into the exact wording and method adopted.  Your date of knowledge of the cheating/misleading and resultant loss will start the cause of action.  Take urgent steps with experienced layer who will enlighten you with all requirements.

Shekhar (consultant)     12 June 2012

Thank you Kishtaiah sir for your valuable advise...

One more thing.. Since we never had that document with us, We are not sure what exactly the matter is written in that. We are just going by what others informed us.. How do we get that document? From your words, I understand we need to get that document to decide future action. Is there a legal way to get that document? can we file a case in the court?

Thanks again,

Shekhar


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