• Transfer of property

we have a house belongs to my grandmother's father (my maternal great grandfather) he is no more now and my father is living there for almost last 50 years. originally there were 5 Heirs(Children of my maternal great grandfather) for the property but now only two are alive including my grandmother who is eldest of the siblings. one of the person from my village resisted the property on his name contacting the other dead heirs relatives, as he has good contacts with local municipal officials, but he includes the names of only two heirs in the registry which doesn't include the alive heirs. Now we have certificate (succession Certificate) stating that the property has originally five heirs. We have registered the case in 2010 and still fake registry didn't get cancel after producing so many documents and prolonged hearings. I have doubt that my advocate has some upper-hand from that person. I am staying in Pune and my town is in Wardha district of Maharashtra, My father is not that much educated and I have no time to visit regularly to look into the matter, so please guide me to cancel the fake registry and how to tranfer it on my Father's name.
Asked 3 years ago in Property Law from Pune, Maharashtra
Religion: Hindu
1. It is essential to know the nature of the suit, It must be or should be a ' suit for declaration of your share and injunction'.
2. The relatives of the other co-sharers can transfer their share in favour of a third party and on this basis alone their deed will not be cancelled.
3. However such deed is not binding on you since your grand mother has not transferred her share in the name of that third party.
3. Now the said 3rd party has got 3/5th share in the property and you can not dispute this fact.

4. So you can either sell your balance share to him or buy his share from him.
5. if you have in possession of the property then you are in better position to negotiate.
6. If you are not satisfied with your current lawyer you can change him with another one.
Devajyoti Barman
Advocate, Kolkata
12525 Answers
160 Consultations

5.0 on 5.0

1) on demise of your maternal great grand father each legal heir would have 1/ 5th share in property 

2) on demise of legal heir his share would devolve on his legal heir 

3) it is necessary to peruse documents executed by the legal heirs on basis of which their share was transferred in name of the person 

4) was it by sale deed or gift deed ?obtain certified copy of records of transfer by filing RTI application 

5) what is nature of case filed by you ? What reliefs were claimed in said proceedings ?

6)even if as per succession certificate there are 5 heirs they could have sold their share 

7) since you have already engaged a local lawyer go by his advice . It had to be proved that registry has been done on name of person fraudulently 

8) you can if you so desire change your advocate 
Ajay Sethi
Advocate, Mumbai
44285 Answers
2572 Consultations

5.0 on 5.0

The solution for this lies in the civil suit before a civil court of law.
Firstly, if you suspect your lawyer, just change him/her immediately so that you dont more losses.
If the registration done seems to be fake one, your father may write to the concerned registrar giving the detailed facts and seek the relief of cancelling the same, this should be followed by a legal notice;
File a suit before the civil court to declare the said fake registry as null and void and also for partition and possession.
You have to engage a prudent and experience lawyer to handle such issues.
T Kalaiselvan
Advocate, Vellore
34441 Answers
372 Consultations

5.0 on 5.0

1. Succession Certificate was not required to prove heirship.

2. It can be gathered that you have filed a case for cancellation of the registered deed, which is currently pending in the court. 

3. If the registry was done in connivance with the officials then you should have also filed criminal charges for cheating and fraud against him in the court.

4. To address the delay in the disposal of the case you can move the High Court.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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