• Property I bought from brother now claimed by his son

My father died in year 2000 living behind house as a property which he devided among me and my brother equally. Since my brother was selling his part, i bought it with a registered agreement from him on cheque payment with family members as witnesses.There was no dispute after that.

My borther died in year 2007.In 2015, when his son became an adult,he has filed a case against me for the property dispute saying i signed the agreement from my brother forcefully by making him drunk.And the agreement is invalid.
Please let me know how to deal with it. 
The judge has asked the opppsite party to prove their point.
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) your nephew is seeking to extort money from you hence has moved court 

2) your nephew will have to prove that  sale deed was executed by your brother under coercion . 

3) if he fails to prove suit will be dismissed 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Since the matter is already before the court, the subjudice matter cannot be discussed because it is not known that what were the grounds and pleadings the plaintiff has made in the suit plaint and what was the defence stand taken  by you as a defendant. 
On the basis of your contents it can be observed that you have bought your brother's share of the property by a registered sale deed, if that is a fact, you have a strong defence, you may go ahead challenging all his allegations as false. 
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0
As you have a REGISTERED agreement you need not to worry. This registered agreement would have been done in the court and would have all the records in the registrar's office. hence the case filed by your brother's son can be dismissed in one date itself. Speak to a good Civil Lawyer. 
Atulay Nehra
Advocate, Noida
438 Answers
15 Consultations
4.7 on 5.0
A. What was the nature of property I.e. ancestral or Joint family or Self acquired property?

B. Have u taken signature as a witness or consenting witness in the Sale Deed?

C. In case property was ancestral, minor son can challenge the same after attained majority within 3 years.

D. In case property is self acquired or inherited from the grandfather, you will have absolute owner of property under Registered Sale Deed.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
1. A property is bought through a registered sale deed and not sale agreement. If you do not possess a sale deed executed in your favour then you do not have the title, much less clear title, to the property.

2. If the sale deed is not executed then you may file a lawsuit against his son to seek court's specific directions to him to register the sale deed in your favour.

3. If the sale deed has been executed in your favour then the onus is on your brother's son to prove that you got the agreement signed by your brother by employing force.

4. Engage a lawyer for your defence.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) it is not ancestral property if it was originally self acquired property of  grand father) 

2) on demise of grand father property would devolve on his 2 sons as legal heirs . i presume grand mother predeceased grand father and your father had only one sibling your uncle 

3) your father has bought property by regd sale deed . hence he would be absolute owner of property 

4) sale deed would be containing details of payments made by your father 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
minor can claim share in ancestral property within period of 3 years from attaining majority 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
how was property divided by grand father father between the sons? 

your query is not clear as how division has take place 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
 in any case your nephew has no share in the property as your brother had  sold  his share  to you by regd sale deed and full consideration paid  by you  to your brother 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
On plain reading of your case, it appears that is another vexatious case.  The case is not maintainable in law because the pleadings made are not at all tenable in law. after the death of his father that too after five years of the death, he is coming out with this false case, so his intention behind the case filing can be established before the  court in the cross examination itself. Proceed by proper challenge. 
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0
1. You have executed an agreement for sale or registered a sale deed?

2.if sale deed is not registered by paying the Stamp duty and registration charge, the title of the property is not legally transferred,

3. In the instant case your stand should be that your brother died before registering it,

4. File a Declaratory  Suit praying for a declaration that the said property belongs to you and the seller has died before registering it in favour of you and also praying for a direction upon he register to register the property in your name,

5. Your brother's son shall have to prove that his father's signature was illegally obtained for selling his share to you.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1. If the cheque was not encashed then you have not yet paid the consideration to the seller,

2. So, on this ground also your brother's son can claim the said property,

3. If your brother has deposited the cheque and collected the payment, the said 'drunk' theory will not hold good in the eyes of law.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1. Since your father has dealt with the property, there is no more free flow of uninterrupted title for which the property can not be an ancestral property to the son of your brother,

2. This time it has been made clear that you executed a sale deed which you had mentioned as sale agreement earlier,

3. Your brother's son wont be able to prove any foul play  in your buying he propety from your brother.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1. The title of the property has been transferred in your name by virtue of a validly executed and registered sale deed,

2. Your brother's son won't be able to succeed in his endeavour  to get back the property legally from you.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Hi, as the property is the self acquired property of your father and during his life time he has partitioned the property between two sons so it has become the self acquired property of yours.

2. After that you have purchased the property from your brother so it has become the self acquired property of your brother so your nephew has no right to claim the property.

3. You have good case on merits so contest the case merits you will get justice.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. If the cheque was not presented by your brother for encashment to the bank it does not render the agreement or sale deed, as the case may be, as illegal.

2. The challenge to the sale of ancestral property is to be laid within 3 years from the date on which majority is attained.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. The property in not ancestral if it was purchased by your father.

2. I cannot foretell what the plaintiff will do to prosecute his case in the court. You will be given an opportunity to rebut his case in defence.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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