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Bilal Aslam (Ahmedabad gujarat)     29 July 2017

Property issue

My father owns a house in Ahmedabad Gujarat. He bought the house when he was outside india. He has given power of atorney to his elder brother to buy the house in my father's name. Unknown to my dad my uncle has included his name as well in the documents. I have got the origional dastavez only. Other legal documents like kabjakarar and tax bills and city survey cards are with my uncle. Now my uncle possess the house and doesnt allow us to sell it saying that he also has a part in it. Moreover to reason with uncle my father additionally made a legal document of partition in the house giving him 45%. I want my house back and I want my uncle's name to be removed from every documents. please advice and help.


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 16 Replies

HIRAL THAKKAR (ADVOCATE )     29 July 2017

File a case for cheating and also a suit can be filed by your father claiming 100 % rights in the property.

 

Regards


(Guest)

Replies on your half baked query can't help you in the absence of some very vital information, you missed to discuss.

Before initiating any legal action, at first get the  POA examined in detail by some expert.

 

Bilal Aslam (Ahmedabad gujarat)     29 July 2017

where can I find a genuine expert online because I am working out of India.

Kumar Doab (FIN)     29 July 2017

The agent has to maintain the trust of principle.

If father is joint holder then he is eligible to get copies of all paid bills, tax receipts etc

By which valid/registered deed father reaffirmed/accepted his brother as lawful holder of 45% share?

Kumar Doab (FIN)     29 July 2017

You can visit India and inquire in person at local courts complex,HC of a very able senior counsel of unshakable repute and integrity specializing in such/revenue/civil matters…………and spend quality time in person with your chosen counsel chosen by you. Nothing can match it.

 

Kumar Doab (FIN)     29 July 2017

Same Query:

https://www.lawyersclubindia.com/experts/Self-acquired-property-477136.asp

It is 3 years old.

Who has been duped; your father or you?

The agent has to maintain the trust of principle.

Kumar Doab (FIN)     29 July 2017

If father is joint holder then he is eligible to get copies of all paid bills, tax receipts etc from his brother............ If you are joint holder then you are eligible to get copies of all paid bills, tax receipts etc from your brother............The other owner;father or you as father's representative may approach O/o Authority to get certified copies or pursue RTI route....... 

Bilal Aslam (Ahmedabad gujarat)     29 July 2017

I dont know they have made an agreement on a 100 rupee stamp paper. And my father is the owner as per documents and uncle seems to be joint holder. My father doesnt have any copies.

Kumar Doab (FIN)     29 July 2017

Your father is sole decision maker in his life time. If he deceases without disposing his share/property (whatever it is) or leaving a Valid WILL for this property ( that might be upto 1/3rd as per extent personal laws applicable to your sect/sub sect ) then you may have some stake/right.................. 

Kumar Doab (FIN)     29 July 2017

So far you have not posted any evidence of any fraud etc in your hands...... 

Bilal Aslam (Ahmedabad gujarat)     29 July 2017

what kind of evidence? All I have is my property paper called dastavez. and copies of atorney. That's all. But my father is accepting that his brother has done all this. even the "sales deed" paper is with my uncle.

Kumar Doab (FIN)     29 July 2017

On what counts you feel that you have some forced share in yourt Father's self acquired estate/property...............?

 

On what grounds you feel that you can rake up an issue despite the fact your father is actual onwer and is unwilling to initiate anything against his brother....?

 

That too after such a long time.......!

Bilal Aslam (Ahmedabad gujarat)     29 July 2017

All I want is that all should belong to my father. Only my father's name should be in paper everywhere. Even my father wants like this but he doesnt want to go for a case. I think I have no ways out of this.

Bilal Aslam (Ahmedabad gujarat)     29 July 2017

The thing is in my father's absence these people will expell my family out of the house that's the problem.


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