• Right of daughter's son on grandparents' property

Respected,
My grand father has two daughters my mother and her elder sister . I have a cousin brother who is elder than me. He cheated my mother by taking an account of her innocence, he took the signatures for all the property on his name registered accordingly and sold. It was happened in 2008 but we came to know about this very recently. Now I want to know that whether we have any right on that property to recover because we didn't sign on those forms. We are three (sons) and all are majors.

Looking forward for your reply.
Asked 2 years ago in Property Law from Anantapur, Andhra Pradesh
1) 3 sons dont have any right on grand father property . 

2) on demise of grand father his 2 daughters are the legal heirs . 

3)if your mother has signed gift deed wherein she transferred property in name of your cousin brother then your cousin brother would be absolute owner of the property .

4) was possession of property delivered to cousin brother ? please clarify 

5) contact a local lawyer and obtain copy of regd document wherein your mother transferred property in favour of your cousin brother 

6) then move court for setting aside gift deed/sale deed on account of fraud.

7) your mother will have to satisfy court what she was doing for period of 7 years
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1. You Are silent on the nature of the document. Mere signature of a document is not enough the transfer the share of the your mother in favour of another.
2. Only by way of a registered deed of gift your mother can be dupes to transfer her share.
3. If she has done so by registered deed then it is too late to seek relief.
4. But if she signed on a paper only and not on a registered deed then she can still file suit for partition to claim share in the property.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1. You and your 2 brothers do not have any right in the property owned by your grand father. 

2. If your grand father did not leave behind a will during his life time, your mother and her sister succeeded equally as legal heirs to his property.

3. Since the signatures of your mother were taken by practising fraud on her by your cousin the legal process to undo the adverse consequences which ensued from signing the concerned document can be initiated by your mother alone.

4. The remedy available to your mother is to file a case for setting aside the gift deed and the subsequent sale deed.

5. She may also file a case off fraud against your cousin which may result in the arrest of your cousin.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. You have no right on the property during the lifetime of your mother who was the absolute owner of her share of the said property,

2. Conduct a search from the local registration office to know what was the document through which the title of her share was conveyed to your cousin,

3. Contact a local lawyer to find out any flaw with the said conveyenca deed,

4. Verify whether the said deed was properly executed or not,

5. If any fault/flaw is detected, file a declaratory suit claiming that your mother's signature was fraudulently taken by your cousin,

6. However, your mother has to prove that she was defrauded by your cousin.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. Mere taking of signature is not enough unless the deed is registered as stated above by me.
2. Now if the deed is indeed registered one then only your mother can challenge the same and not you in any civil court.
3. If not registered then file partition suit.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1. If your mother claims that her signature was fradulently obtained by your cousin which you came to know now only, then your mother shall have to  lodge a police complaint against your cousine alleging that her signature was taken on some papers fraudently,

2. After that file a declaratory suit praying for declaration that the property still belongs to your mother since her signature was fraudulently obtained and also a direction upon the Registrar to cancell the said release deed and all subsequent sale deeds pertaining to the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1) the issue that arises is that signatures were taken in 2008 what was your mother doing for period of 7 years . 

2)your  mother  has  to file criminal complaint of cheating , criminal breach of trust , fraud against your cousin . 

3) simultaneously  your mother has to  file suit to set aside relinquishment deed fraudulently obtained by the cousin and subsequent sale deeds made by your cousin in respect of aforesaid property
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1. Without perusing the document it is not possible for us to know what exactly is the document and what rights have been created and/or released by it, but it seems from your query that the said document is a gift deed.

2. As mentioned in my earlier reply, the only remedy available to your mother is to challenge the said gift deed in the court on the ground that it is vitiated by fraud. The court can set aside the gift deed if proof of fraud is given.

3. Your mother may also file a criminal case for cheating and fraud against your cousin, which may result in your cousin being arrested.

4. The delay of 7 years in instituting the case may prove fatal to your mother's interests in the court.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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