Respected sir this is pavithra from shimoga and i have a big question regarding my grand father property before that i will come across my family details to you so that you will get the clear picture about my intensions and views as i am elder daughter (first one) to my father and i have one brother (second one) and sister (third one)so total we are three people for my father, and my father is 90 years old me pavithra is 58 years old, brother is 52 years , and my sister is 45 years old therefore recently my father called me and said give the adhaar photo copy so that we will prepare family tree so please give me the document and here my question is if we give document what will happen to my grand father property???? that was taking care by my father and brother but suddenly they are asking adhaar card for family tree to me and my sister ?? and telling they dont need even signature itseems and if we ask why to my father he is telling that he need to exchange property with his brother that is my fathers brother son therefore they need my adhaar photo copy itseems??? if we give adhaar card is there any chances of they making my signature forjary and after that will all the property get automatically transfer to my brother ??? if yes than what should i and my sister do to get my share of property according to the law??? what are the precautions that we should take according to the law please give me correct information according to the law??
Basically neither you nor your siblings are entitled to any share out of your father's share in the property.
However he should not demand your aadhar card details or any other details.
But in any case you may not be able to claim any share in the property as a right.
No th here will not be any signature forgery. You can keep a condition before providing the adhar card that if any forgery happens then he will be responsible
There is no harm in giving your Aadhar card
2) your father would not forge your signature
3) in event any fraudulent transfer is done file suit to set aside transfer and file case of cheating , forgery against brother for forging your signature
Dear Madam,
Even without your aadhar card your father and his brother can partitioned. They are entitled for half share each. If you give your card they will prepare a family geneology and may give you some share.
Nothing will happen. Property has acquired ancestral status, all have share in it. If signature forged, that will be criminal offense. Any trasfer shall be void.
- Mere giving the Aadhar card copy is not enough for transferring the property in the name of your brother or anybody as per wish of your father and against your consent.
- Even he & your brother tried to do so after forging your signature , then that transfer documents will have no legal value in the eye of law, and they may be trapped in the criminal offence as well.
- Further, since that property is an ancestral property, hence legally you daughters have equal right in the said property, and your father cannot transfer the same to anybody without giving your share.
- Firstly try to ask for your share from your father, if you cannot do so, then you should send him a legal notice for partition of the property of grandfather , and to give the share accordingly.
- If, no response , then you will have to file a suit for partition in the court for getting the share .
Good luck and dont forget to rating Positively.
See just by giving Adhaar card they cannot take away rights of the property see in case any forged document is prepared you can file FIR regarding same also as of now grand father is absolute owner he can make will of the property or can do gift deed. Also while giving Adhaar card copy you can mention above it only for legal heir document.
1) you can give aadhar card there is no issue.
2) if property is self acquired by your father then he can transfer his property to any one without your consent.
3) if property is ancestral then all successor consent required.
4) in case if fraudulent transfer, Civil Court can give you relief and cancel the sale deed if you are able to prove that fraud has been played on you and the sale deed has been executed fraudulently.
You can provide adhar card for making of family tree.
They cannot forge your signature if they still do you can lodge FIR against them.
And File suit to set aside the transfer done on basis of forged signatures.
The main precaution you should take is don't sign any blank papers.
Respected sir as per the above discussion i have one more question that is in the year 2004 i had taken 60*40 measurement site in agricultural land and i have original site registeration papers with me later on after 6 month government had acquired the land for road construction and now that is as on 27th november 2019 they had done the survey from the government and said they are giving compensation for the above now i have following questions in my mind?? 1) compensation will go to land owner or to me , if its to me how to apply for that compensation through court ??? 2)if compensation is going to land owner how to take my land value with them , kindly suggest me correctly for the legal proceedings ???
Who must have purchased the land. If not than you have prove your claim on land to claim compensation.
Where is your land ?
you would get compensation if mutation of land has been done in your name in govt records
2) if your name is not reflected in land records and compensation is to be paid to land owner object to disbursement of compensation to earlier owner of land rely upon registered sale deed by which you purchased land
3) land acquisition act provides that payment of compensation is to be made by collector by depositing in bank accounts of persons whose land is acquired
1. The compensation will be given to the person who is having title to the property by the virtue of a registered title deed on his name.
2. The property owner who has a registered title deed on his name shall be receiving a notice from the land acquisition department about the land likely to be acquired by government for the purpose as mentioned in the notice.
The procedures for claiming compensation will also be notified in the same notice.
you can make a representation to the competent authority with documentary evidences supporting your claim for compensation for acquisition of your land.
Compensation goes to actual land owner who is alive. You need to apply the same to the appropriate dept. You can also approach the HC for direction of same is not provided to you. Land value is as per govt ready reckoner.