• Property transfers fraud by grandmother

My G'father's property has transfered by my grandmother to their children (2 sis. 1 son & itself) in 1999 while we(grandchildrens) also were there & my our mother also. But without any our confirmation property was trnsferred. later on my father had sold the 3 or 4 peice of agri. land for marrige, debt etc and recently sold out a small peice of inherited agri land without any our confirmation is that fraud? we haven't any share in our ancestors property is that fraud? Our Father had illegaly married also with the support of our grandmother and their sisters along with their husbands is that fraud ?write now they are denying to give the our property rights to us(grandchildren's) & denying to takecare of our mother who's housewife and illiterate, in all what is fraud? In our homeland they(grandmother,father his married sisters with their husbands & childrens)all are forcing to flee my mother from our village., in this what is our crime? we all are struggling with their financial needs as my father had stopped the living expenditures since he got IInd wife. He(father) had married in 2003 march.Our land detail when our grandfather died we had around 8 to 10 agri lands and several plots and an house. Currently my family members holding the 5.50 agri lands. and plots.They all are greedy for money as our Bhuaji's dont have much agri. land in their in laws family. They also are torchering us mentally, phisically so that we'll not succeed in our life as we are also nor married as we are all around 28 to 30. Currently we lives in delhi on rented house and we belongs to a village Ratanthal Bass pana ( Bass ) district rewari in haryana.
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1) grand children consent was not necessary to transfer property in name of children

2)father was free to sell his share in proeprty

3) it is not fraud at all . it is not ancestral property

4) your mother has right to stay in her matrimonial home

5) she can seek injunction restraining sale of property

6) your mother can seek maintenance for herself

7) your mother can file case of bigamy against her husband and his second wife under section 494 of IPC

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

My G'father's property has transfered by my grandmother to their children (2 sis. 1 son & itself) in 1999 while we(grandchildrens) also were there & my our mother also. But without any our confirmation property was trnsferred. later on my father had sold the 3 or 4 peice of agri. land for marrige, debt etc and recently sold out a small peice of inherited agri land without any our confirmation is that fraud?

It is not a fraudulent act, your father has sold his own and absolute property, he need not take anyone's permission/consent/NOC for this. Since this is not ancestral property, you, the grandchildren or your mother, the wife of your father have no rights in the proerty during the lifetime of your father.

Our Father had illegaly married also with the support of our grandmother and their sisters along with their husbands is that fraud ?write now they are denying to give the our property rights to us(grandchildren's) & denying to takecare of our mother who's housewife and illiterate, in all what is fraud?

Your mother can initiate criminal action for this illegal marriage by filing a case under section 494 IPC for the bigamy offences with substantial proofs for establishing bigamy offence.

She can also claim maintenance amount from your father if he has neglected her.

Our land detail when our grandfather died we had around 8 to 10 agri lands and several plots and an house. Currently my family members holding the 5.50 agri lands. and plots.They all are greedy for money as our Bhuaji's dont have much agri. land in their in laws family. They also are torchering us mentally, phisically so that we'll not succeed in our life as we are also nor married as we are all around 28 to 30. Currently we lives in delhi on rented house and we belongs to a village Ratanthal Bass pana ( Bass ) district rewari in haryana.

If the tortures are intolerable your mother can file a DV case against all those who tortured her.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

You had no share in the property of your grandfather in the first place. After his demise it devolved on his widow and children, and the widow could always transfer her share to her children. There is no illegality, much less a fraud committed by either your grandfather or father.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

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