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My fathers sister registered site from my father unknowingly to me i was 20 yrs yelder son with a younger brother 14 yrs and my mother 49 yrs in the year 2005 but we didnt knew the fact as she had the documents with her from begining and she used to take money from us to pay the land taxes my dad died in 2009 now is there any way to get back the site and the site is gained by father own earnings
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Did father execute gift deed in your aunt favour ?

Was it duly stamped and registered?

If father executed gift deed your aunt would be absolute owner of the property

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello,

File a civil suit for cancellation of the document by means of which the property has been transferred to your father's sister, saying that the same has been done illegally and you being the legal heir are the actual owner of the property.

Get in touch with a local lawyer for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir if the sote is registered by your father in favour of her by a registered deed then you cannot challange same and take it back

As father was sole owner of the property and he can alienate it.on it's wish.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear client,

1. You have option to File a civil suit for cancellation of the document by means of which the property has been transferred to your father's sister, saying that the same has been done illegally and you being the legal heir are the actual owner of the property.

2. If your executed gift deed in her favour you can challenge the gift deed for null and void.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

1) We need to review all mutation papers regarding this site from before purchasing of your father till date. than only we can guide you properly.

2) Stil one can check with Collector and Tehsildar records.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Client,

What registered deed executed ?

If sale deed than you have to file declaration suit, as mere buying property in some other`s name dose not make her owner.

Actual contributor for purchase of property is your father, consequently, you along with your mother and brother are actual legal heir to property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Yes of course your Bua ji has committed a fault and cheated you. Please challenge the documents with your Bua ji in the court.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

you need to file a declaratory suit in court

saying that property belongs to legal heirs of your deceased father

that property was purchased using your father's funds

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Sir/Madam,

Yes, definitely since it is in your name. When it is standing in your name you are the absolute owner irrespective title deeds retained by her.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Your question is not clear, whether you have registered the transfer deed in her favor or your father?

If your father executed a registered transfer deed in her favor then it cannot be revoked at this stage.

Even for approaching court, it should be within three years for seeking cancellation.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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