My parents property and lands are self acquired. It has been mortgaged by my elder brother most likely over 10 years or more. I wasn't aware of this until recently when the bank officials had put up notice on the property. I have not signed any NOC for him to mortgage my parents properties. He has manipulated them when I wasn't around as I working in Chennai and the U.S. When i asked him to provide the details of the bank statement regarding the amount of loan taken, when was it taken and what is the balance outstanding of the loan, he has refused to provide this either to me or my parents for the past 5 years. Kindly advise what are the criminal and civil cases that i can file against him. thanks
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Your parents should file criminal case against your brother for criminal breach of trust , cheating ,etc
without your parents consent properties cannot be mortgaged
approach the bank which has put up notices as to outstanding amount of loan and documents signed by brother for mortgage of properties
You can go ahead with the following:-
1. Issue a legal notice to your elder brother and the Bank.
2. Suit for partition.
3. Suit for Declaration and Injunction.
4. Challenge Mortgage Deed.
5. Criminal
Forgery
Cheating and Criminal Breach of Trust
Fraud/Corrcion
If the property is self acquired and owned only by your parents.. your brother could mortgage it only if your parents signed the loan papers. Your consent or NOC was not required since you are not an owner..
Your parents can file a civil case to challenge the mortgage if it was done by fraud or without proper consent and can seek a stay on bank action. They can also ask the court to direct the bank to produce all loan documents.
If your brother cheated your parents, forged signatures your parents can file a criminal complaint for cheating and forgery. The bank can also be asked to give certified copies of all loan papers.
Dear Sir,
Do not confront your brother further
Preserve the bank notice
Parents must act as plaintiffs/complainants
File injunction before auction date
Engage a local civil + criminal lawyer together
If the bank:
Failed to verify identity
Did not ensure physical presence of owners
Accepted forged documents
You can file:
Consumer Complaint (Deficiency in service)
Civil suit for damages
Complaint to Banking Ombudsman / RBI (if PSU bank)
File a civil suit seeking:
Declaration that the mortgage is illegal and void
Cancellation of mortgage deed
Permanent injunction restraining the bank from auction/sale
Grounds:
Fraud
No valid consent of owners
Misrepresentation / forgery
Along with the suit, file:
Temporary injunction application
To stop auction / possession proceedings immediately
Courts take such cases very seriously when elderly parents are cheated.
You can file criminal case of cheating at against him. Also can file suit seeking injunction and setting aside the mortgage
During the lifetime of your parents, neither you nor your brother can claim any rights in their self acquired property.
The bank will not grant mortgage loan against your parents property without their consent or an application for loan as primary borrower or as a co applicant or a guarantor by giving the property as collateral security in the capacity of guarantor.
If your brother has allegedly adopted fraudulent tactics to obtain mortgage loan against the property without your parents permission or knowledge then they cannot remain silent for so many years without taking any legal action against him unless they have permitted him to continue, which indicates that your brother has permission from his parents towards the mortgage loan against the property.
In the given situation your parents do not have any criminal complaint maintainable against your brother for whatever reason.
You cannot take any action against your brother on your own against your parents property being misused by your brother.
You may discuss with your father on all such issues and take action as per the present situation to secure the property and protect his interests in the property.
If the residential property and lands are self-acquired properties of your parents and they are standing in your parents’ names in revenue and title records, then your elder brother cannot legally mortgage them on his own unless:
• your parents themselves signed the loan and mortgage documents, or
• a valid registered Power of Attorney was given to him by your parents authorising him to mortgage the property.
Your consent as a son is not required for mortgaging your parents’ self-acquired property. However, your parents’ consent is absolutely mandatory. If your parents never signed any mortgage deed, loan document, or POA, then the mortgage itself may be fraudulent.
First, you must immediately verify the bank records. You or your parents should issue a written legal notice to the bank asking for copies of:
• loan sanction letter
• mortgage deed
• title documents deposited
• signatures used for creation of mortgage
• outstanding loan amount
Banks are legally bound to disclose this information to the actual owners of the property. If the bank refuses, your parents can file an application under the Right to Information Act (if it is a public sector bank) or approach the Banking Ombudsman / civil court for disclosure.
If it is found that your parents never signed the mortgage documents, then the following remedies are available:
Criminal remedies:
A criminal complaint can be filed against your elder brother for:
• Cheating (Section 420 IPC / relevant BNS provision)
• Forgery and use of forged documents (Sections 467, 468, 471 IPC)
• Criminal breach of trust (Section 406 IPC)
• Criminal conspiracy, if bank officials or others are involved
If the police refuse to register FIR, your parents can approach the Magistrate under Section 156(3) CrPC seeking direction to register FIR.
Civil remedies:
Your parents can file a civil suit for declaration that the mortgage is illegal, void, and not binding on them, along with a permanent injunction restraining the bank from taking possession or auctioning the property.
If SARFAESI proceedings have started, your parents can also approach the DRT challenging the mortgage on the ground of fraud and lack of authority.
If it turns out that your parents did sign documents but were misled, coerced, or not informed of the nature of the transaction, then the case becomes one of fraud, misrepresentation, and undue influence, which can still be challenged both civilly and criminally, though proof will be required.
Your brother’s refusal to share loan details for years is a red flag and strengthens the inference of wrongdoing, but legally the fight must be led by your parents as owners, not by you alone.
You should act quickly because delays can weaken remedies once auction or possession proceedings advance.
In short:
• Your consent was not legally required
• Your parents’ consent was essential
• If mortgage was created without their authority, it is illegal
• Both criminal prosecution and civil cancellation of mortgage are possible
• Immediate verification of bank records is critical
Dear client,
In the instant case, as highlighted by you, the residential property of your parents is the self acquired property of your parents and in which case, your consent is not at all for mortgaging the property. Unlike ancestral property, where you will be an heir to the property, the owners of the self acquired property can transfer the rights to anyone according to their desire. If the mortgage happened with the knowledge and complete voluntary consent of your parents, then in which case, you will not be able to bring a case against your brother, otherwise if it is done without the consent of your parents, then a case of fraud, cheating can be taken against him.
I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.
- If the said property is self acquired property of your father , then during his life time none having any right over the same without the consent of your father
- Further, if the property documents showing the name of your father , then how the bank has sanctioned the loan after mortgaging the document
- You can file a complaint before the Bank on behalf of your father.
- Further , you can also file a complaint against your said brother for he offence of cheating and breach of trust on behalf of your father , and also against the said bank as well.
- Further, your father has his right to transfer the said property to any of the legal heir
Thank you all for your responses and guidance. Appreciate it. It's baffling as to how my elder brother has mortgaged all the properties and lands of my parents by colluding with the bank manager. These are the details below: 1. My elder brother started "Venkateshwara Industries" over 10+ yrs ago and made my mother as the Proprietor. 2. Since my mother was made the proprietor, he was able to mortgage the residential property and land which was in my mother's name. My mother had absolutely no clue about the operations/running the industry which was entirely run by my elder brother. My mother was signing all the cheques and IT returns. 3. In 2022, when my mother and myself approached the bank manager and submitted a written request for the details of the outstanding loans, he was rather reluctant to provide the same and said all the loans are clubbed together with other properties. My mother specifically told him not to mention this to my elder brother but despite this, he has either spoken to him or met him personally that day. The very same night, my brother along with his wife came home to the apartment my parents and myself were residing at and was furious about this. He has also physically assaulted my parents in the presence of his wife. I tried my best to stop him. To ensure the safety of my parents, we decided to move out of the apartment in April 2022 and have been residing further away since then. 4. Sometime later in 2022, Not sure when but he had coerced my mom into signing the GPA for her land. 5. I'm not able to figure out how my Father's residential property and land was mortgaged and how the bank sanctioned the loan since he's retired and is not the proprietor of Venkateshwara Industries. This looks like he had colluded with the bank manger to get this done. 6. About 4-5 yrs ago my elder brother himself had provided a pint out of the agreement between him and my mother detailing the time frame in how he was going to clear the outstanding loans
The printout mentions the agreement between my brother and my mother with the names at the bottom of the agreement but it wasn't signed by either parties. Can i submit the same to my lawyer and will it hold good in the court of law? Also, I believe I can take my mom to cancel the GPA from the sub-registrar office for her land. Is that correct?
Your mother should immediately issue notice to your brother and revoke the POA executed by her
2) also issue public notice about revocation of POA
3) if your mother is the proprietor then she is legally liable to repay all loans taken by the concern
If an agreement is not signed it is not binding upon the parties
it is necessary to peruse the agreement and all documents signed by your mother to advise
ask bank to furnish detailed statement of account of total outstanding amount of loan
Your brother manipuated the entire documents and played fraud everywhere.
As your mother appears to have signed the papers pertaining to her own property, now it is upto her to prove the fraudulent loan and cheating activities of your brother.
You can collect the evidences and lodge a criminal case through your mother against him, the pressure of which may enable you to protect and save the remaining properties of your mother.
As far as your father's property is concerned he has to lodge a criminal complaint against him for forgery, theft of documents, cheating, fraudulent tactics and many other related offences so that your brother can be pressured to prevent him causing more damages
A civil suit also can be filed to declare the transactions pertaining to the immovable properties as illegal, invalid and null and void.
On the additional facts you have now disclosed, the matter is much more serious and clearly points to sustained fraud, coercion, and possible collusion with bank officials.
First, regarding the unsigned “agreement” printout between your brother and your mother.
An unsigned document has no contractual value by itself and cannot be treated as a binding agreement. However, that does not make it useless. In law, such a document can still be used as corroborative evidence to show:
• admission of liability by your brother
• existence of a financial arrangement and acknowledgment of loans
• background circumstances explaining how and why properties were mortgaged
When read together with bank records, loan documents, mortgage deeds, cheque signatures, IT returns, and your mother’s role as a namesake proprietor, this document strengthens the narrative of misuse of trust and deception. You should absolutely hand it over to your lawyer. The court will not enforce it as a contract, but it can be relied upon as a supporting document to prove conduct, intent, and prior admissions.
Second, regarding cancellation of the GPA.
Yes, your mother can and should immediately revoke the GPA if it was obtained by coercion, misrepresentation, or without free consent. The correct steps are:
• Execute a Deed of Revocation of GPA before the same or any competent Sub-Registrar
• Clearly mention that the GPA was obtained by coercion and misuse
• Serve notice of revocation on your brother and the concerned bank
• Publish a public notice in two newspapers (one English, one local language) to protect against third-party claims
Revocation is effective from the date of execution and notice. Any transaction done after revocation will be void as against your mother.
Third, regarding mortgage of your father’s property.
This is the most serious red flag. If your father never signed:
• loan documents
• mortgage deed
• consent letters
• or gave any POA
then the mortgage over his property is prima facie illegal. A bank cannot lawfully accept a mortgage over property owned by a third party merely because a family member runs a business. This strongly indicates collusion or fabrication.
Your father must immediately seek from the bank:
• copies of mortgage deeds
• signature verification records
• sanction notes
• internal credit approval documents
If the bank refuses or stonewalls, this strengthens the case against both your brother and the bank officials.
Fourth, remedies now clearly available.
Civil remedies (urgent):
• Suit for declaration that all mortgages obtained through coercion/fraud are null and void
• Permanent and interim injunction restraining auction or possession
• Challenge before DRT if SARFAESI proceedings have begun
Criminal remedies:
• FIR for cheating, forgery, criminal breach of trust, criminal intimidation, and conspiracy
• Specific allegation of coercion in execution of GPA
• Assault complaint (if not already pursued)
• Application under Section 156(3) CrPC if police refuse FIR
Bank-related action:
• Complaint to higher bank authorities and vigilance wing
• If public sector bank, RTI and CVC complaint
• Banking Ombudsman complaint for suppression and collusion
Fifth, a crucial legal point you must understand.
Your mother signing cheques and IT returns does not automatically mean she consented to mortgaging her personal properties, especially if she was a benami or namesake proprietor with no real control. Courts recognise such misuse of elderly parents’ names as economic abuse, particularly when accompanied by coercion and violence.
Finally, act without delay.
Every day of delay strengthens the bank’s “fait accompli” argument. Immediate steps to revoke GPA, freeze further transactions, and put the bank on formal notice are essential.
In summary:
• The unsigned agreement is usable as corroborative evidence
• Your mother can revoke the GPA immediately
• Mortgage of your father’s property without his consent is illegal
• Both civil and criminal proceedings are maintainable
• Strong case exists for fraud, coercion, and collusion
Proceed through your parents as primary parties, with you supporting them, and move swiftly before enforcement or auction advances further.
This is an unregistered and unsigned agreement which is null and void contract hence not enforceable in law.
However you can discuss with your lawyer about it and decide further course of action.
Yes
Dear client,
In the instant case, the unsigned agreement can be used in court and should be given to your lawyer; however it is not enforceable since it lacks the most important aspect of the signature of the parties.
It is important to note that the course of action that could be taken right now and immediately is to cancel the GPA signed by your mother by executing a deed of revocation of the GPA. This is the most urgent and necessary step that has to be taken considering the facts and circumstances of the case at hand.
I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.