• Brother owned property by cheating

Hi
My parents have 4children .two gents and two ladies. My dad passed away long back and during the partition my brothers told to me and my sister to give dad's property to dem and dey will give our mom's property to us.he also said that mom's property is same as dad's property and is equal in measurement. So me and my sister signed the document and gave to him.but after we put the signature we came to know mom is not having the same amount of land dey promised and also dat land is not having gud value as they promised.is there any chances for us to cancel the registration and get a share of our dad's land.
Asked 7 years ago in Property Law
Religion: Hindu

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16 Answers

You can challange same before civil court that the sign were obtained by fraud and cheating but since you signed off your right it will be really difficult for you to get the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Firslty, once the document has been registered it can’t be revert back.

Secondly, but yes if you are able to prove that there is some fraud at their end then you may be succeeded.

Thirdly, as oral submission is not so credible in civil cases.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Once you have already executed deed of relinquishment to relinquish your share in property you don’t have any title to property

2) relinquishment deed may not be set aside by court

3) you can file suit for partition for division of property by metes and bounds seek orders to set aside relinquishment deed

Ajay Sethi
Advocate, Mumbai
99899 Answers
8153 Consultations

1. An agreement done on the basis of fraud and material misrepresentation is voidable agreement and hence label for setting aside.

2. A partition deed noting like an agreement and since it was executed on the basis of fraud it is no more enforceable as well.

3. So you can file a suit for declaration that the partition deed is null and void and injunction on its sale by them so your claim in court may not become infractuous.

4. However keep in mind that proving such fraud or material misrepresentation is not easy in court.

All the best.

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

1) What type of agreement has been done between brothers and sisters. Whether its sales deed, gift deed, Will deed or relinquish deed etc.

2) Your questions answer depends on the which type of deed you sisters had signed.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Client,

U can file for partition and cancellation of deed obtained by playing fraud and concealing facts.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can file case of cheating against them. It is difficult to cancel the Registered sale deed. But you can still file civil suit for cancellation of the sale deed and try your luck.

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

You say that your father passed away, but what about mother, hope she is living.

There is no possibility for giving away your mother's property to you by your brothers during her lifetime.

All such transfers are to be done only by registered documents and not on oral basis.

You sisters are having equal rights in your father's properties, hence you can file a partition suit even now, let them come with the papers that you have signed, you can express before court that this was obtained from you under pressure against your willingness.

Dont accept any compromise in between even if they offer you better promises until there is a registered document transferring the promised property to you.

T Kalaiselvan
Advocate, Vellore
90099 Answers
2503 Consultations

You can do the following:

1. If you have previously entered into an agreement with your brothers, then you are legally liable;

2. You can approach the court and say that the written/oral agreement has been obtained by fraud;

3. You can also apply for case in the court, a Partition Suit;

4. You can also file a case for fraud, the fraud committed by your brothers on you;

5. Most probably the court will send you in for conciliation.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

If ancestral property yes they can but if slef acquired or inherited by grand father than they will not have any right.

So check status of property An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Grand daughter has no share in grand father self acquired property

2) even if they take legal proceedings for setting aside relinquishment deed it would not be set aside by court

Ajay Sethi
Advocate, Mumbai
99899 Answers
8153 Consultations

Your daughters do not have any rights in the property during your lifetime, but you can fight the case through them by giving power of attorney deed to them to sue them on your behalf and prosecute the case.

T Kalaiselvan
Advocate, Vellore
90099 Answers
2503 Consultations

Grand daughters have no claim in father`s life time in GF property.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Sir,

You may approach the Court by filing a suit for partition and seeking cancellation of earlier partition deed which was taken under misunderstandings.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You may challenge the said registration on the ground that the consent has been taken by fraud and therefore the said registration is not sustainable in the eyes of law.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Daughter will have right on the property of the grandfather.

The same is ancestral or self acquired.

Get in touch with a local lawyer who may help you with regards to the same.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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