• Property details through adhaar

Sir
We are joint family,undivided and was maintained by my younger brother.with evil intention he has made secret properties in telangana and karnataka as well as tamilnadu.he sold our undivided properties with that he then purchased without knowing to us.Now we have filled suit for partition.we submitted all known properties ,but my doubt for unknown can we link adhaar card as source for properties.since all are linked to adhar ,does court accept this.?
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

1. Linking of aadhar card with purchase of the property is prerogative of court in which you have no control.

2. i am not sure what benefit it would give you as far taking share in the sold property is concerned..

3. in the partition suit you require to include all the joint properties for its effective partition. if due to your ignorance any property is left then nothing cold be done with regard thereto.

4. However during pendency of the suit you can add more joint properties if those came to your knowledge later on.

5. Many court decisions are available in online searches. You can read those.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If you can win to convince the court that you are also the joint co-owners of the property, which your brother disposed to other then you can get justice. Man is not made for law, but the law is for man. The Constitution of India states that all have the Right to Justice. Apply the certified copies for the new sale deed as well as prior deeds. Use the prior deed as your evidence.

You can add all other joint properties which are came to your knowledge during the pendency of the suit. There is no bar for filing new suit under the limitation law.Aadhar card for property registration is a strategic move towards curbing the use of black money for transactions in property dealings. There was no proposal to make Aadhaar linkage mandatory for property transactions

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

You can issue legal notice to brother to disclose properties bought in his name

2) if Aadhar card is linked to property you can rely upon such linkage ti prove that brother is owner of the property

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

You can rely upon copy of regd sale deed in your possession to make out a case fir partition

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. Linking to aadhar card is not genuine proof;

2. Ancestral property is ancestral if three generations of your family is living there;

3. If he has gone behind your back to purchase the same you can file a civil case also a criminal case in the nature of FIR in the police station;

4. You should collect evidences from the registrar or the collector's office depending on the kind of property it is;

5. Also to obtain other information you can file RTI.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Sir you can give not to brother before in form of application before the court to disclose the properties he purchased.

Further if yes details through adhaar are found out you can submit same before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir the registered document can produce and yes the court can decided on that basis. Further the court needs document to rely upon for the judgement.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. you can add a prayer to your suit that the defendant brother be ordered and directed to give all details and render all accounts of all the properties which are within his custody, power, possession and knowledge

2. claim the above relief as an interim relief

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

For knowing the other properties details you may have to look for the sources known to you.

Aadhar card is not the library to have complete details of the property.

Aadhar card is not linked to any documents.

You may have to look for some other sources to produce documentary evidences to show the proeprty details before court.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

If we are not aware of properties of ancestral and unable to explain to court ,can we get justice by basing upon registered documents which are in our favour.why is that court give judgements only basing up read documents.evil minded people are experienced to divert the case of lying to court.pls advice.

You can file partition suit for the properties now you are aware of.

You can include the other properties at a later stage too after discovering the details then

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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