my grandparents Have 2 sons. My father and his younger brother. My father died 17 years ago. My grandfather acquired most of his property on his own name and my mothers name. Me and my sister we live and work abroad. Since my father died very early when we were kids my uncle took charge of all legal works with our wishes. Gradually, he took advantage of our absence from the city and took my mothers signature from all the property she has on her name. He mislead me and my sister and took our agreement with out our knowledge on a papers saying we(my mother, sister and me) do not want anything from grandfathers assets And the whole property which includes 2 houses , 20 acr farming land on his wifes name(my aunt). Upon asking for papers he threatens us that do whatever you can do I will not give you a single pany out of this. my mother is a longtime widow ,she worked hard alone for her kids studies . We trusted our uncle blindly and in return he cheated us big time. any legal advice is highly appreciated.
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contact a local lawyer . file case against your uncle for cheating , criminal breach of trust .
you also have to file civil suit to challenge the transfer of property made in name of your uncle . if you do not have papers take search in sub registrar office for any transfers made in property originally standing in name of your mother . i presume no consideration was received by your mother on such sale made of land in favout of your uncle
Thank you ,appreciate your prompt reply. Other than property on my mothers name, what should be scenario for my grandfathers asserts. Which were also unlawfully ,without the concent of my mother me and sister swiped by my uncle. My mother was never made aware on which documents she was asked to signed. It was always false answers by uncle . Moreover, when me and my sister were taken for name transfers . We were assured that it is just for taking POA so that while you guys are away I can handle some property issues on your behaves.
Do not think so much ,just start legal proceedings against your uncle and you will see the results,file a complaint in local police station for cheating and criminal breach of trust against your uncle,if you are not able to register a complaint in police station then file a complaint under 156(3) in the court of Judicial magistrate requesting him to direct the SHO of concern police station to registered FIR and start investigation,At the same time also file suit for declaration in the civil court for declaring the said transfer as null and void.
Without any further delay initiate the criminal proceedings against your uncle by filing in the relevant court a case for cheating and breach of trust to bring him to book for the offence committed by him. This apart, you also need to file a civil case in the District Court to challenge the property transfer effected by your uncle in his name by playing deceit on you. Civil case assumes significance as you need to affirm your proprietary rights by challenging the deed registered by him in his own wife's name. His threats will explode like a thin balloon of air when a court of law calls his bluff.
Your grand father's property belongs equally to you, your mother and your sister as your father is deceased. Any transfer of property which has been made by him by playing deceit on you needs to be challenged in the court at the earliest. Act swiftly as any further delay might offer him an escape route by taking the defence of belated filing of case. Engage a lawyer immediately.
on your grand father death 1/2nd share would be that of your father and 1/2nd your uncle . your father 50%share would be inherited by your mother , you and your brother . if your uncle has transferred property in his name file suit for setting aside these transfers .
Thanks a lot to all the experts for their valuable advice. This is our first step for longing for justice.At the moment my major concern is time. As it's already been two years now.since, me and my sister doest not live in India, It took a while to us to understand the ground reality. Additionally, last two years my mother tried directly, indirectly with the help of relatives to convince him. Finally, last week he categorically refused to yield anything . Left us with nothing then to look for a legal support. Are these idle/silent two years will weaken our case? Will it give any support to uncle for not initiating any legal step against him for so-many days?
i presume your mother is illiterate . since your mother is not educated fraud was discovered only recently . frankly you need to do your home work first . the success of case depends a lot upon home work done by clients . you will have to take search in sub registrar office for last 10 years to find out scale of fraud . transfers made by your uncle etc . hence it is better you come down to India for filing case , having conference with lawyers etc . your case should be fraud was only discovered recently and you have taken steps immediately
do not worry ,just start the process,pls remember try and fail but do not fail to try