• My dad died after my uncle made will in his name

He took singnature from y mom and he change my dad name different name and he did entire land his name keep on selling we kept one lawyer he also nothing doing
Asked 2 years ago in Criminal Law from Bangalore, Karnataka
Religion: Christian
1. When did i happen? Is it a recent case?

2. Lodge a police complaint immediately against your Uncle for cheating your mother and you,

3. After that file a Title Suit claiming title of those properties alleging the yiur mother's signature was obtained by your Uncle through fraud.
Krishna Kishore Ganguly
Advocate, Kolkata
15534 Answers
377 Consultations

5.0 on 5.0

1. File the police complaint and the Title suit immediately as suggested above,

2. Simultaneously file an application under Order 39 Rule 1 & 2 praying for an order upon your Uncle restraining him in selling any part of the property till the said suit is disposed of.
Krishna Kishore Ganguly
Advocate, Kolkata
15534 Answers
377 Consultations

5.0 on 5.0

1. Police need not take any action now,

2. The police complaint is required for filing the Title Suit as suggested in my earlier post,

3. Later on you can also file a Writ Petition against police inaction,

4. If you are not confident about your lawyer, change him with a fresh one.
Krishna Kishore Ganguly
Advocate, Kolkata
15534 Answers
377 Consultations

5.0 on 5.0

You do not need to send a notice to your uncle. What you should do is file a lawsuit to cancel the will on he ground that it has been made under undue influence by your uncle, and also seek a stay order against the sale of the property on the basis of the will which he holds in his favour. If the property has already been sold then third party rights are also required to be challenged. Change your lawyer.
Ashish Davessar
Advocate, Jaipur
21602 Answers
580 Consultations

5.0 on 5.0

your uncle has no right to sell joint family property without consent of other cparcenor. You must file a FIR for cheating and forgery. if police refuses to register fir then you may go further under section 156(3) crpc.   
Shivendra Pratap Singh
Advocate, Lucknow
4681 Answers
63 Consultations

4.9 on 5.0

Better change your lawyer and engage a more prudent, skilled and genuine lawyer. Inform the new lawyer the entire story  and seek relief through him.
You must first file a partition suit along with an application  for injunction restraining them from alienating  the property and also to file another application seeking to cancel the sale deed made without consenting you as null and void. 
Without seeing the relevant document/papers it will not be possible to give any further opinion on this. 
T Kalaiselvan
Advocate, Vellore
26525 Answers
270 Consultations

5.0 on 5.0

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