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Ravin   23 December 2024

Property division - fraud paperwork by brother

Hi - 

Need your expert advice. We are 3 brothers and 1 sister. Both my parents have passed away without any will. There was no partition done for our family houses, but my parents made 3 division of house. Recently I got to know after my mom passed away 3 years ago, my elder brother transferred the propery on my mom's name to him saying that they are only 2 brothers and 1 sister ( exluding me). Recently my father passed away and when property division talks started, my brother said he took a loan of 2 crores on the property. He is taking all rent from 15 shops on that property and telling me that he will sign affidavit for my share of property.Other brother aquired other home and asking me to deal with other paper fraud myself ( He signed on paper in court ). I bought 2 other plots on my Mom's name, I am worried that he is planning to take share of that as well. There are some other properties on my Father's name, grandfather's name, they are not willing to do anything yet for those. 

Can you please suggest my options and how can I handle from abroad?



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 December 2024

 Key Issues 1. *Undue property transfer*: Your elder brother transferred the property to his name, excluding you.

 2. *Loan on the property*: Your brother claims to have taken a loan of ₹2 crores on the property.

3. *Rent income*: Your brother is collecting rent from 15 shops on the property.

 4. *Affidavit for your share*: Your brother offers to sign an affidavit for your share of the property.

 5. *Other properties*: There are other properties in your father's, mother's, and grandfather's names, which are not being addressed.

Options 1. *File a lawsuit*: Challenge the property transfer and seek a declaration of your rights in the property.

2. *Partition suit*: File a partition suit to divide the property among all legal heirs.

3. *Injunction*: Seek an injunction to restrain your brother from dealing with the property until the dispute is resolved.

4. *Police complaint*: File a police complaint against your brother for fraud and cheating.

 5. *Mediation*: Attempt mediation to resolve the dispute amicably.

Handling from Abroad 1. *Power of Attorney (PoA)*: Execute a PoA in favor of a trusted family member or a lawyer to represent you in India.

2. *Remote legal consultations*: Consult with a lawyer in India via phone, email, or video conferencing.

3. *Document collection*: Collect and send relevant documents to your lawyer in India.

4. *Regular updates*: Stay informed about the progress of your case through regular updates from your lawyer.

Precautions 1. *Gather evidence*: Collect all relevant documents, including property records, loan documents, and communication records.

2. *Keep records*: Maintain a record of all transactions, including rent collections and loan repayments.

3. *Be cautious*: Be wary of your brother's intentions, and do not sign any documents without


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