• Fraud by my uncle in a property

We own a apartment and it was on mothers and fathers brothers wife name.  It was not registered but payment was made on the name of my mother and my aunty.  But now we came to know that my uncle has registered the property on his wife's name without our knowledge. 
Please suggest me what action can i take against him. 
He has the possession of the property.
Asked 2 years ago in Property Law from Patna, Bihar
Religion: Hindu
Do you have the payment detail  with you i.e., the payment made by your  mother to the vendor or your aunt?
If you have that you  may issue a legal  notice to the aunt as well as to the vendor who executed  the registered sale deed on the name of aunty alone demanding him to cancel the said sale deed and re-register it  on both the names or to refund the amount  taken  from your mother with interest.  If there is no response you can lodge a c police complaint besides filing a  suit for cancellation of the said registered sale deed ad an  injunction application to restrain the defendants from further alienating and encumbering the property till the disposal of the main suit in  the civil court.  Consult a local lawyer and proceed.
T Kalaiselvan
Advocate, Vellore
34455 Answers
372 Consultations

5.0 on 5.0

1) when payment was made in name of your mother and aunty was any agreement for sale entered into ?

2) how was payment made by cash or cheque?

3)who was the seller of the property?how could property be registered in name of your uncleby seller? 

4) your query lacks details 

5)fil case of cheating against seller for registering property in uncle name when sale consideration was paid by your mother and aunty .

6) you will also have to move court to set aside registration of property in uncle name 

7) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
44293 Answers
2572 Consultations

5.0 on 5.0

Is there any sale agreement in the name if your mother and aunt before the registration happened>
If yes the it would be easier for you to challenge the deed now standing in the name of your aunt.
If there is payment receipts in the name f your mother then she can file a suit for declaration.
That apart a criminal case of fraud can also be filed.
Devajyoti Barman
Advocate, Kolkata
12525 Answers
161 Consultations

5.0 on 5.0

1) It is important to know what is the nature of transfer that took place in the  "registration of property". Secondly the payment made in the name of your mother and aunt: was it the consideration paid for the purchase of the apartment?

2) Your mother needs to challenge the fraudulent transfer made in her sister in law's name on a court of law.

3) Issue a legal notice to the aunt first demanding the share of your bother on the joint property and if they are unwilling to settle the issues out of court you will have to file a suit challenging the transfer through registration.
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

1. Unless the apartment was  registered the title had not passed. Mere making of the payment does not create title or the right to have the title registered on a subsequent date in favour of the person making the payment. 

2. The only legal recourse which you can now adopt is to file a lawsuit to challenge the sale deed registered in favour of your uncle's wife. 

3. If an agreement was recorded prior to or at the time of making the payment, whereby and whereunder the property was to be registered jointly in favour of your mother and the wife of your father's brother, it can  be the foundation of asserting legally enforceable rights against him.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

How would you say that you own an apartment? Do you have any document in favour of you? What was the mode of payment.Is it made by cash or cheque?

Send a lawyer notice to your uncle regarding the transaction details and common intention for buying the flat and demanding him to cancel the said sale deed and re-register it on both the names or to refund the amount taken from your mother with interest. If you get a reply from him frame a case according to his replay notice.File cheating case as well as setting aside the document or file a damage suit and recovery of money 
Ajay N S
Advocate, Ernakulam
2756 Answers
44 Consultations

5.0 on 5.0

Hi sir/madam, you have to issued a legal notice and thereafter to fie the civil suit for cancellation of said sale deed and possession against your uncle and aunty and also give the police complaint for cheating, fraud, and breach of trust against them. It is very helpful to your case. 
C. V. Jadhav
Advocate, Bangalore
319 Answers
13 Consultations

3.9 on 5.0

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