My father had built home but the home is registered to a close relative(uncle) on the request of him for getting job as a contractor. My mother tried hard to console him and died once uncle(his brother) denied to give back home. My father have stamp paper(although expired) with signature of relative. Now uncle is denying to de-register the home and is planning to sold the home. We have only key witness who can say who did built the home. Now on what basis can we file a case against the culprit? Is justice possible?
1. It is really unfortunate that your own uncle is cheating your father's hard earned money.
2. However do not loose possession of this house and stay in the same house.
3. In the meantime file a suit for declaration that your father under that circumstances built his on the name f his brother.
4. If you do not leave this house your uncle would loose the case to a large extent. Involve family elders to make your uncle understand about his cheating on his own brother.
Dear Sir,
- It is regret to inform you will not get benefit out of it.
- Verbal communication is not acceptable in court for any matter until the secondary evidence is provided in form of verified valid document. Below Section will help you to understand better -:
Section 22 in The Indian Evidence Act, 1872
22. When oral admissions as to contents of documents are relevant.—Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.
- You can file the petition only for injunction at present and buy time to get other evidence.
Regards
Vivek Arya
You can file suit for eviction on ground that your uncle is just ostensible owner
your father should file declaratory suit that he is absolute owner of property
2) enclose evidence that you have paid for full consideration for property
3) seek injunction restraining sale of property by uncle
See firstly it's a benami transaction as consideration was paid by your father and it was on name of uncle.
If there is proof of consideration then in that case your fsther can file for declaration suit to declare him owner of house.
Your father will have to file a suit for declaration and injunction along with interem leave application in civil Court in order to restrain your uncle to sell the property as well as to declare your father as the legal and sole owner of the disputed property.
The Onus of proof to prove that the consideration was paid by your father would be on you.
Also state as to whether your uncle's name is there on the sale deed or mutated in the municipal records only or both?
The property was built by your father but it was registered in your uncle's name. The house belongs to your uncle legally. Your father can lodge an fir against your uncle that he had registered this property fraudulently. Also an application must be filed in the civil court for cancellation of registration of the deed.
Regards
Dear client,
If in sale deed it is mention that your father paid the amount than file declaration suit to claim ownership.
Stamp paper with you and witness of the signatories will be sufficient proof for the purpose so file immediately a case claiming the property as a legal heir, don't forget to have succession certificate or legal heir certificate before that , if you already have then proceed at once.
You need to file a suit stating that all such funds were of your dad in that house. Then only you can evict him
Issue a legal notice through an advocate and file eviction suit and declaratory suit and enclosed all consideration of amount documents and also seek Temporary injunctions under Rule 1 and 2 of Order 39 of the Code of Civil Procedure.
1) There are two procedure the construction portion is on uncle name or both land & building or construction part on uncle's name ?
1. The sale deed is executed in favour of your uncle, hence he is the true owner of it.
2. Unless he executed an agreement to sell in your favour, and you are within limitation to file a suit for specific performance, you have no cause of action against him.
You have very bleak chance for recovering possession of your house property.
There is no documentary evidence to prove your title to the property.
The evidences available ion your possession are not sufficient to make your claim successful.
You can consult a local advocate and seek his suggestions for moving on in this issue.
