My younger brother lived in Bangalore and had a house that was purchased from the money he got from his share of my father's property. He was not married and had no issues. He had a friend to whom he leased the house and they took care of him as I live abroad. After he died due to diabetes, they have claimed the house saying they bought the house from him. They are showing me the sale deed and telling me that as a sister I have no right and that my brother disliked me. They have taken over a house which has 2 rental income property and worth 1 crore.
1) you can challenge the sale deed.
2) When sale deed took place, whether your brother was sound made or not ar that time.
3) If you're sitting in USA still you can give online complaint in the nearest police station so procedure can start by policemen.
4) If you want any further help can contact me via consultation call.
1)on your brother demise you inherit his property as his legal heir
2)do check whether sale deed bears your brother signature
3) whether sale deed is registered or not
4) whether consideration for sale of house has been deposited in your brother account
5) if your brother signature has been forged file suit to set aside sale deed
6) also file police complaint against friend for cheating , forgery , fabrication of documents
Oh, I made a mistake in my original question. They didn't show me the sale deed and are telling me that I am a trespasser and they will not show me. So I don't know if my brother has signed it. I don't have any of this papers and this is in Bangalore, where the land cost is skyrocketing. I want to know if any lawyer can answer from Bangalore or the property laws are the same everywhere. He had a B Katha, but the are in posses ion of everything as they lived downstairs and he lived upstairs and depended on them for everything. They took advantage of his completely.
Do you have any paper that belongs to on your brother name or address we can proceed with it
1. Well, since your brother was unmarried he did not leave any class- I legal heir to inherit his property.
2. Now in absence of class-I heir the class-ii legal heri steps into the hoes to inherit the proeprty .
3.So you being the sibling falls in the class-II legal heir and in very much entitled to inherit the proeprty left by your brother PROVIDED your brother died intestate.
4.if he ahs made a sale deed as claimed by the person then you will not get anything.
5. So to know your rights in the proeprty it is essential to know whether your bother has executed any registered sale deed or not.
6.If the persons fails to produce any sale deed then you can file a suit for eviction of the licensee to get the proeprty along with declaration of titile.
Apply for and obtain letters of administration from district court astou are the only legal heir
2) apply for mutation of property in your name
3) enclose brother death certificate
4) file suit for eviction against tenant
1. For them to have purchased the property of your brother the latter had to execute a sale deed in their favour.
2. Their status is that of trespassers. Since your brother was unmarried his property has devolved through succession on his siblings. You or any of your siblings is at liberty to file a suit for eviction in the civil court.
3. If they have a sale deed in their favour executed by your brother then they can produce it in the court in their defence/
In bangalore, especially land grabbing, cheating, fabrication are much prevalent and your case is not an exception. The first step is to file a complaint in the nearby police station that the tenants have trespassed, forged the documents and using the forged documents as genuine. If police refuses, then the remedy is to approach the commissioner and file the same complaint. However, make sure that you have some documents before you launch a complaint by getting the copies of the documents from registrar office. Do ground work before you uproot the tree. The law on property is uniform across india and if you are of strong doubt that they encroached, without delay, do the ground work and file a complaint. Once you update about this or any other development which you encounter, further advise shall be provided.
Hi, it is advisable to lodge a FIR under criminal trespass over the property .. If the are having a sale deed in their favour , they will show it to the investigation officer ..if not, a FIR shall be lodged against them ..
Dear Madam,
After the death of your brother who died as a bachelor, you being the legal heir entitled to entering to shoes of landlord. If you issue a legal notice in the capacity of landlord then it is easy to get possession of property. If they plead possession by way of sale deed or other documents such documents are invalid unless their were really executed by your deceased brother. For more guidance you may send property details.
Dear Client,
File FIR against them, Being legal heirs, u have absolute claim on brother`s property.
1. Whether your brother liked you or not hardly matters since te law does not specify that for being the legal heir, once shall have to be loved by the title holder of the property and in the instant case, you along with your other siblings, if any, are the legal heirs of the property of your brother who died intestate.
2. However,is the sale deed shown by them a registered one? If not then it has no legal value.
3. Conduct a search at the local Registrar's office and collect the certified copy of the said sale deed to cross check its authenticity. If there is no such record at the Registrar's office, then there is no such sale deed.
4. If there is entry in the record that the saie dale deed has been registered by your l;ate brother, then you have no role to play any further in this regard.
5. If you find that there was no such sale deed, then file an eviction suit against the said illegal occupant claiming ownership of the said property of your late brother through inheritance.
1. Just conduct the search with the Registrar's office about the last deed of conveyance of the said property recorded therein.
2. If it is still in your brother's name then they are just lying and you can collect the certified copy of the title deed standing in the name of your brother from the office of the Registrar and thereafter file the eviction suit against them claiming ownership of the said property as suggested in my earlier post.
If your mother is living then she will be the legal heir to your deceased brother to succeed his properties if he is reported to have died intestate.
If she is not living then the class II legal heirs comprising his surviving siblings and father shall be entitled to acquire this property.
If the tenant is claiming the property on the basis of a sale deed, then you may challenge the same in the ejection/eviction suit filed against him.
If you are sure that your brother had never sold this property then you may give a notice tothe tenant to vacate the property immediately and after that file an eviction suit
Let him prove his ownership before court and claim the title.
You can challenge the same on merits.
For a lawyer from Bangalore,you may contact one from this forum too.
1. Since being a HINDU, you have all the residual legal heir rights over your brothers property, irrespective of whether he liked you or otherwise.
2. File proper claim case over the property and eviction of the so called Tenant. IT can be done successfully, in the local civil court.
Keep Smiling .... Hemant Agarwal
