Hi, you should file a civil suit for declaration and permanent injunction in order to restrain your brother from selling the property and to Claim your share as a legal heir .. Is there any WILL that was made by your father ??
My brother is a british citizen, my mother has farm land , agricultural land under her name bought by my dad in my mom's nane.my father passed away recently , using this opportunity my brother has emotional ly force my mother to write a settlement deed in favour of him alone and she has signed the settlement deed for the same but it is yet to registered. I heard that settlement or gift deed cannot done to other citizen PIO . In settlement deed it is mentioned that he is residing in chennai. Can I inform this sub register and stop further proceeding or do I need to put stay, if so what would be the cost. Please advise
Hi, you should file a civil suit for declaration and permanent injunction in order to restrain your brother from selling the property and to Claim your share as a legal heir .. Is there any WILL that was made by your father ??
does your brother acquired citizenship in other country ?
whether he have an id proof of being in chennai ?
He has adhaar card, ration card. But he holds british passport. My dad has not written any will
Your mom cannot settle the property in his name since he is an pio and it is an agricultural land. You have to file an affidavit with stay petition stating that its Ur father property you all have equal share.
Even though your father haven't write any will it rights are automatically transferred to his legal heir .i.e his sons and wife are the legal heirs.
File a stay PETITON or caveat petition in court praying that not to settle or sale the property without your consideration :) thanks :) for any doubt contact again :)
Contact the registrar and inform him that he is pio so registrar can also stop the settlement deed.. registrar never comes to that he is an pio since he have ration card and all so inform him once
Inform registrar that your brother is British citizen not to register the gift deed of agricultural land in his name
2) in event registration is done file suit to set aside gift deed made by mother and registration done in brother name
If brother holds British passport then he is British citizen then he cannot register agricultural land in name
Hi
You cannot ask the SRO to stop registration.
First you talk to your brother and mother peacefully bringing the fact of his bad intentions and acts of cheating, coercion and/or undue influence on your mother for getting the property settled in his name and also the likely repercussions which he is most LIKELY to face if the issue is not settled amicably.
In case aforesaid dialogue fails, you may initiated both civil and criminal proceedings against your brother against which he will suffer irreparable loss i.e., his life, future, career and also his stay in Britain (going by your post).
You may get stay order from court making SRO also a party to the suit (procedural requirement).
It is time now you start collating all relevant documents / details / information pertaining to your brother, the property etc.
You my seek your share in the property left behind by your Father (subject to complying with legal requirements).
Apart from above, you may issue a News Paper Notification in vernacular and also English language about the issue and caution the general public not to deal with the subject property (it will come to your rescue in future).
Good Luck.
You brother is a British subject if he holds a British passport; and hence, he can only acquire any commercial or a residential property in India and not a plantation land, an agricultural land or a farm house.Thus, his property cannot be settled in his favour, the way he wishes to.
Move a representation before the Registrar, with a prayer that he may not register with gift deed.
If your brother has a British passport then he ceases to be a citizen of India and as such he can not hold any agricultural land in his name.
Regards
Also, intimate the registrar about the same and if somehow the land is transferred in his name by means of a gift deed, you can challenge the same.
Regards
If you can establish that your father has paid the entire sale price to purchase the property in the name of your mother and your mother has no independent source of money to purchase the property, you can still file a case for partition stating the property was self acquired of your father but registered in my mother's name hence you have 1/3rd in the property.
and file a application for stay for not to sell or convey the property in any manner.
on the demise of your father you all brothers and sisters along with your mother become the joint owner having equal share of all the property left by your father.
in that case your mother is not entitled to make any settlement deed in favour of any one. if she made, that will be applicable for her share only, not for the whole property.
it will be better if you file a partition suit against your mother and other brothers and sisters.
in that event you may join any other brother and sisters also who are also aggrieve with the act of your mother.
The agricultural land can be inherited by a PIO or NRI but as you rightly mentioned, no settlement or gift or sale deed can be executed in favor of the said person.
With the documentary evidences, you may give a complaint to the concerned registrar stating that this transaction is likely to take place in respect of the said property coming under the survey number within the jurisdiction of the said village and the beneficiary is a foreign citizen but trying to obtain the property in his name fraudulently by showing some fake address in Chennai, hence this transaction may be rejected as per provisions of law.
The authority will certainly make discreet enquiry and stop or decline to accept the transaction after the enquiry report confirms the likelihood of fraud.