Sir, I am 25 year old girl. My father had purchased a property in Nagpur from his sister in 2011 by paying more than 30lacs. The transfer was done by dan Patra. I have bank statements proving the transfers to her name. He died on 15 March 2014 without leaving a will. However the documents were with the sister and she got it transferred to her name by using a letter from my grandmother (fathers name) stating my dad was a bachelor and she had no objection in transferring the flat to his sisters name. What can I do. I stay in Mumbai.
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1) on your father demise your grand mother, your mother you and your siblings would be legal heirs
2) you have to file suit in nagpur to set aside transfer of property made in favour of aunt
3) file police complaint of cheating , criminal breach of trust agaionst aunt and grand mother
4) contact a local lawyer in nagpur
1. Do note that an immovable property can be transferred only by means of gift or sale deed.
2. On death of your father the property goes by law of inheritance to his legal heirs which includes you, your mother and siblings, if any.
Your grandfather is not the legal heir of your father.
3. So by no way your grandfather can return the property to your aunt.
4. So you can file suit for recovery of possession to get back the property from your aunt.
1. you should challenge the said transfer because it is an act of forgery. once dan patra is issued and possession is given then it cannot be reverted back.
2. this property will devolve upon deceased heir. you are the real heir.
3. a criminal case under section 420/467 IPC should be framed against her.
4. when your father died immediately this property is transferred to his heir because a property cannot be retain without owner.
5. in this condition only you are the owner and your grand mother has no right to give relinquishment deed.
6. you should file a civil case for cancellation of transfer.
If your father had purchased the property by a registered document, his sister cannot name transfer the property to her name without getting it registered on her name.
You must file an objection with the authorities stating that she has lied by creating fabricated documents for wrongful gains and thus have got th property transferred to her name.
You must prove that your father was married and yo are his daughter.
Hence the transfer of property fraudulently made by your father's sister to her name is illegal and invalid and not binding on you if your father has died intestate.
You can file a mandatory injunction suit against her and also can seek possession of property from her since you are one of the actual legal heirs of your father.
You can also lodge a police complaint agaisnt your paternal aunt for her this fraudulent and cheating act.
If the sale deed or gift deed was executed in your father's name by his sister then the title instantaneously passed to him, whereafter his sister ceased to have any right, title or interest in the property. You as a legal heir of your father can challenge the instrument of transfer through which your sister has usurped the property. A suit for declaration will have to be filed in this regard.
