If there is cheating then the transfer of property can be challanged. It doesn't matter that the parties are in relationship I.e father and son or any other relationship. If there is cheating you can file criminal complaint as well as suit for declaration to declare that transfer of property null and void.
Property dispute
My Dad and Mom are separated but not divorced. Younger brother is taking care of Mom and he blocks me and Dad from speaking with her. Younger brother is taking advantage of this situation and tries to take ownership of property which was on Dad's name There is one property in Dad's name which I took online EC and found the name got transferred to younger brother without my Dad's knowledge recently Apr-2019. This is at Tamil Nadu 1. The Nature of Settlement is "Mortgage with Possession Deed" - Please explain what this means 2. "Name of Executants" has got both my Dad and Mom's name. But my Dad didn't go to register office. Does this mean that my brother did forgery showing someone else as Dad at register office. 3. Please advice the procedure to extract copy of document from Register office which was registered by my brother on Apr-2019, is there any Online way of doing this at Tamil Nadu registration department http://www.tnreginet.net Please advice on steps to take it forward. Would it be Civil dispute or Criminal (because of forgery) Please reach out to me over mail or whatsapp +[deleted], I can send you EC one to one to discuss further Thanks & Regards
Asked 5 years ago in Civil Law
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13 Answers
It will be civil and criminal both. You can contact me through kaanoon. I will assist you.
1) it appears your brother has mortgaged your father property
2) if your father was not physically present or had not executed any POA it appears he has forged your father signature and for someone to impersonate your father
3) your father can apply for certified copy of deed from sub registrar office
4) your father has to file suit to set aside fraudulent mortgage deed executed in his name
5) file police complaint of cheating , fabrication of documents, forgery against your brother
1. It appears that your father have created English mortgage in favour f your brother and if your father has done this on his won then you could nothing on this anymore.
2. If you dad did not go to office then take out certified copy of the deed and if his signature is found forged then both criminal case of forgery and civil suit for setting aside this deed can be filed.
3. Contact a local clerk who would d this.
Get in touch with ana dvoc ate like us who would take you forward for your remdey.
Do one thing first obtain certified copy of the gift deed/sale deed/by will or what is the way has been adopted then from your father's side lodge one criminal complaint with the police for forgery and what ever the nature of the document challenge before the Civil Court to declare the document as null and void.
If your father supports your initiative file a complaint. The complainant should be your father. If he has not mortgaged write to registrar to cancel the deed.
Regards
G.Rajaganapathy Lawyer
High Court of Madras
Mortgage with Possession Deed - Property In possession of party who has given loan.
Better file police complaint agasint the son. That property owned by father but misused by son by creating forgery and cheating.
This almost amounts to sale of property.
1. The property has been mortgaged to him (if his name is there in it) with possession of the property to him.
2. There are possibilities for impersonation , is the property on the joint names?
3. You may apply for certified copy of the registered document, any document writer can help you on this.
- As per the information mentioned in the present query, makes it clear that the property is in your dad’s name, but transferred on your brother name by forgery.
- Yes, this is the criminal case and you should file criminal case against him.
- And along with the same, you will also have to file a separate civil suit before the court of law to get the registration on your brother's name cancelled.
- No, you will have to get the copy from the registrar’s office after making an application of the certified copy of the same and paint minimal fees.
- But, only your dad or you can get it after showing the reason of obtaining the same.
Dear
Mortgage with possession deed means that your brother kept the property of your father as mortgage to get some loan.
If your father have not given any consent fir such transaction then your brother have forged the documents.
Your father can get certified copies of the deed from the office of sub registrar.
Your father can lodge an FIR against your brother for making forged documents, cheating. And simultaneously he can file a declaratory suit(Civil) and for set aside the transaction done by your brother.
Thanks all for your inputs/ guidance. Further to above question, we now found that Dad gave Mom, Generic Power of Attorney (without any property details mentioned in it) on 1989. Mom has used this to execute Sale Deed and Mortgage with Possession Deed in favour of my brother for this property. Is there any way we can cancel these Sale Deed and Mortgage with Possession Deed? One thing we noticed is during execution of these deeds, forgery is made with my Dad's sign in Life Certificate which is submitted along with POA Please advice on next action. We will definitely plan to revoke POA now.
Asked 4 years ago
In 1989 registration of POA was not mandatory
2) mother could have executed sale deed in favour of brother on basis of POA
3) if life certificate is forged file poluce complaint of forgery , cheating against your mother and brother
You can cancel it by filing suit in civil court
Sale cannot be challenge now.