A property dispute lodged by son of my uncle
Originally a family property (X) held in name of 5 family members: A, B, C, D and E. Family member A is separated from business and is given the property X. In due course Family member A approaches his father and asks to legally transfer the property X in his name. Finally property X gets transferred in the name of member A. All family members B, C, D and E signs in front of the magistrate in presence of witnesses and the property is transferred. Member A now becomes the sole legal owner of the title of X. This property is held by A now for more than 15 years and is intending to sell the property.
Member A now is selling property X.
B, C, D and E died and son of member B files a suit in the civil court claiming 1/5th of the property X. Member A has all legal papers, titles and no objection letter signed by B, C, D and E in his name. How can Member A get out of this dispute without going in court case? is there any advice you can provide me ASAP please? What points I should consider? Please email me at [deleted]
Asked 6 years ago in Civil Law
Family Member B was not married and didn't contribute anything in property X. Son of member B is alleging the member A was educated and influenced other family members to sign the property transfer papers. Son of B further alleges that Member A has influenced the court officials and has got the work done.
Before the property was transferred the court put a notice in public notice for 3 months if anyone has any objection on this transfer. No one objected and after 3 months property X was transferred in the name of member A. This is in India, not in Australia. THE SUIT HAS BEEN FILED UNDER ORDER 7, RULE 1.
Asked 6 years ago