• Suit against illegal property registration

sir,
my father had two younger brothers..murthy and venky.

murthy illegally transfered a building to her wife rajani from the third party which was on my fathers name when my father motgaged it to the third party.

later murthy became insolvent and filed IP

my father had a share in joint property(land) which was on grand father
s name(expired).

murthy transfered the whole land to his creditor without the consent of the other co owners.

in IP notice murthy did not mentioned about any of the above stated property

help us to get the above properties.
Asked 2 years ago in Property Law from Guntur, Andhra Pradesh
File a suit for Partition and Injunction against your uncle (if died then against the legal heirs) in Civil Court where the property is situated.
Minansu Bhadra
Advocate, Kolkata
266 Answers
24 Consultations
4.8 on 5.0
1. You have not mentioned how Murthy could transfer the entire property belonging to your deceased grandfather in the name of his wife and creditor,

2. What documents were executed for effecting such transfers?

3. File partition suits for those properties praying for a direction upon the Registrar to cancel the said illegal treansfer of the properties.
Krishna Kishore Ganguly
Advocate, Kolkata
13586 Answers
292 Consultations
5.0 on 5.0
1. This vital point you have not disclosed in your original query,

2. Lodge a police complaint against Murthy alleging his faking of documents to defraud you,

3. File a declaratory suit praying for declaration that  you are also owners of the said property and that Murthy's documents are fake and praying for direction upon the registrar to cancel the said two Conveyance Deeds registered in favour of the wife & creditor of  Murthy.
Krishna Kishore Ganguly
Advocate, Kolkata
13586 Answers
292 Consultations
5.0 on 5.0
1) if your uncle Murthy had forged your grand father signature lodge police complaint against him for cheating , forgery , fabrication of documents . 

2)your father will have to file suit challenging the transfer of land standing in your grand father name in favour of creditor 

3) similarly transfer of mortgaged building in favour of murthy wife and third party has also be to challenged by your father 

4) contact a local lawyer regarding litigation costs
Ajay Sethi
Advocate, Mumbai
27358 Answers
1487 Consultations
5.0 on 5.0
Lodge a police complaint for forging the signature . ask you father to move a suit against the same. And challenging the transfer of your grand fathers property . file a suit for forgery and cheating too send for experts opinion and prove that it is a forged one transfer made in favour if his wife must be also challenges by a suit . Once you win file a suit for recovery of possession.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Immediately file complaint with police for cheating and forging signature of grandfather.Also file suit for declaration that your father is the owner of the property and Murthy has forged signature of grandfather  seek cancellation of conveyance deed/transfer documents in favour of his wife ,creditor and third party and also challenge  and seek setting aside of decree of indigenous(pauper) person on the ground of giving false particular about his assets etc. Contact a local lawyer or take help of legal aid of your district  court where you may get lawyer for free.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Hello,
Firstly you need to lodge a police complaint against the uncle who used forgery to make a bogus will and transfer the property as he desired both in wife and creditor's name.
Once you file the police complaint move the court to get a declaratory order regarding ownership of the property as the transfer was illegal.
Request the court to give directions to the sub regitrar to void the registration in favour of the wife and the creditor .
After getting a decree of declaration file a suit for partition.
You need to engage a lawyer locally and discuss charges with him considering your finances
S J Mathew
Advocate, Mumbai
1987 Answers
79 Consultations
5.0 on 5.0
Hi,
 Lodge an FIR  under forgery and if police does no co-operate move a private complaint in the magistrate court as the investigation will give you advantage  in the civil case to get the declaratory suit in your favour.
File a suit for declaration in the civil court.
Thresiamma G. Mathew
Advocate, Mumbai
1359 Answers
96 Consultations
5.0 on 5.0
A. File a declaration suit to abrogate the two conveyances before the court

B. Lodge a complaint under cheating, fabrication of documents, forgery etc.

C. The cost of the Partition is depending upon market value of the property and contact local advocate for advocate fee.

D. If you are poor, you can file an application before the court and the court will appoint government advocates to free of cost. Example: In Andra Pradesh, below yearly income Rs. 1,00,000/- are eligible to get free legal aid. It is clinched by Article 39 A and 21 of the Indian Constitution. For your information, see http://apslsa.ap.nic.in/legal_aid.html
B.T. Ravi
Advocate, Bangalore
751 Answers
35 Consultations
5.0 on 5.0

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