• Illegal possession of house

Hi
My father stolen original agreement of a house which is on my mother's name and went to bad character people . He transferred it to my mothers name in 2006.As my father has a affair with other women he tried to sale house to these bad character people but these people took signature of my father on transfer agreement and never paid him single money. Now these people are leaving in a house. The present tax and electricity bill is on my mother's name and property is not registered. Now I want to take legal action against my father and those people and how can I vacate the house. Advocate can contact me on 9867974568
Asked 2 years ago in Property Law from Thane, Maharashtra
Religion: Muslim
What do you mean  by agreement on your mother's name?,whether your mother has a registered sale deed of the property on her name or not?,if not then how can she claim the title to the property? Who is  the vendor of the sale agreement and where  is  he staying?,whether he will be ready to execute the sale deed in your mother's favor now?  Mere sale agreement will not confer  title to the property. She has to initiate process to get the property registered on her name.  A copy of the sale agreement (if registered) can be obtained from registrar's office.The other issues of your father can be tackled legally either by giving a complaint with the police or by filing a private complaint with the magistrate court or by filing a maintenance case.
T Kalaiselvan
Advocate, Vellore
17306 Answers
165 Consultations
5.0 on 5.0
1) your mother should file criminal complaint against your father for cheating , criminal breach of trust  for theft of original documents 

2) your father had no authority to sign transfer documents of flat as your mother was owner of flat

3) your mother should file eviction suit against unauthorised occupants 
Ajay Sethi
Advocate, Mumbai
27179 Answers
1472 Consultations
5.0 on 5.0
Hello, 
1) If the property was in your mother's name how could your father sign on the transfer papers or alienate the property any way? Did he have a power of attorney from your mother?

2) Your mother can send an eviction notice to the people occupying the house demanding them to vacate. If they refuse our fail to do so you will have to file a suit for eviction in the civil court having jurisdiction.

3) It is necessary to peruse the copies of the relevant documentsdocuments to decide what would be the so appropriate legal action that can be initiated against your father. It could be forgery, cheating, misappropriation..

4) If you need further assistance you need to book for a phone consultation through Kaanoon site .
S J Mathew
Advocate, Mumbai
1986 Answers
79 Consultations
5.0 on 5.0
Hi, if the original documents was stolen by your father then lodge a police complaint.

2. The house is belonging to your mother so your father can't transfer the property to any third parties.

3. Issue a legal notice against the trespasser and file a suit for possession of the property.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
4.3 on 5.0
1. If the property is not registered in your mother's favour then your mother cannot claim to be the owner of it. The first thing she should do is file a case against the seller to legally obligate him to register it in her favour.

2. After the house is registered in her favour she can file a case for eviction against those who are occupying the property. 
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
5.0 on 5.0

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