• Legal advice regarding share in father's property

I am writing this on behalf of my mother. The case I am describing is related with my grandfather's property which includes immovable assets  located in Teliamura, Tripura. 

My grandfather was diagnosed with stroke in year 2002 after which he could not speak clearly and lost his writing ability.Before this stroke he did not made any legal documents for transfer of property after his death and he had 5 sons and two daughters.The relationship between my mother and her siblings were not that good because of their inhumane treatment towards my mother and these disputes between them reached at its peak after my grandfather's stroke.My mother became helpless as my grandmother also favored siblings and did not do anything for resolving the tension between my mother and siblings.    

My grandfather died in the year 2009 and before his death my mother's sibling and grandmother came into mutual agreement and made the false documents for the division of property among themselves not including my mother's name in any of those documents ,they took my grandfather's thumb impression in those documents when he was not in his full consciousness.   From year 2011 my mother have been trying to persuade her sibling to get her share in the property but all of her trying has been lost in vain as her sibling did not want to go for any settlement mutually with my mother.

Now my mother need legal advice that how can she proceed with this case to court to get her share in the property.
Asked 4 months ago in Property Law from Agartala, Tripura
Religion: Hindu
1) mother has to file suit for partition to claim her share in property

2) mention that he father had suffered stroke and not in position to execute any documents for division of property between his wife and children

3)also seek an injunction restraining sale of property 

4) you have not  mentioned when fraud was discovered by your mother . your mother should challenge the transfer of property in name of her mother and siblings 
Ajay Sethi
Advocate, Mumbai
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if fraud was discovered in 2012 your mother ought to have moved court within period of 3 years to set aside transfer made in favour of her siblings and mother 

2) your father medical records would revela he was suffering from paralytic stroke and bedridden and not in sound state of mind 

3) evidence of doctors regarding father medical condition would strengthen your mother case 
Ajay Sethi
Advocate, Mumbai
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1.  Ask your mother to file a partition suit claiming her share of her father's properties,

2. In the said suit, she should make her mother and all her siblings parties,

3. At the time of contesting the suit, the said forged document wherein the thumb impression of your paralysed grandfather was taken,

4. If that document was a will then probate for the will was supposed to be taken by the beneficiaries which they have not yet taken to make the said will valid,

5. So, your mother can very well claim partition of her father's property by demarcating the same with metes and bounds.

Krishna Kishore Ganguly
Advocate, Kolkata
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1. Your mother has very good chance of winning the case to be filed by her,

2. She should have her legal heir certificate so that she can claim partition of her father's property and file te partition suit as suggested in my earlier post.,
Krishna Kishore Ganguly
Advocate, Kolkata
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your mother having very good chances to get her share in property by filing a suit for partition and separate possession before concerned court against all the surviving legal heirs. certified copies of property related documents, encumbrance certificate from concerned sub registrar and family tree will make the case stronger  
Lakshmi Kanth
Advocate, Hyderabad
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1. The instrument of settlement of property, which you say was executed by your grandfather under fraud, has to be challenged in the civil court on the ground that free consent is vitiated, but the practice of fraud will have to be proved in the court through cogent evidence. If your grandfather used to sign and not make thumb impression then this is one of the circumstances which can demonstrate that he signed the instrument under coercion.

2. The outcome of a courtroom battle can never be predicted. If you prove your case through documentary evidence you are likely to win.

3. Your mother requires only the copy of the title deed of the property to file the suit.
Ashish Davessar
Advocate, Jaipur
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Your mother should move court with a suit seeking partition of the property that stood on her father's name and for separate possession of her legitimate share in it. 

Let them produce all those documents created falsely or those fabricated document in their support. 

these can be challenged based on the her father's ailment de to which his movements were crippled and also that he was not in a god mental health condition to understand and put his thumb impression in those documents. 

Partition suit is the only alternative left behind now. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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I need to know 1)what are the chances of my mother winning this case  

If your mother strongly believes that the fraud has been committed, then she can challenge them properly and win the case.




2)What type of evidence or important documents will she need for filing this lawsuit or making this case stronger.



She need not go behind any evidence. She can file the partition sit claiming her share as a legal heir to her deceased father in his intestate properties.

Let the opposite parties deny and bring forth the documents to disprove her claim. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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