• Fathers property forcefully registered by his brothers

My father family is of 4 sons and 3 daughters.my grandma (Fathers mom) inherited 1000 sq yards approx from her father...but  before division my father was doing business (sole earner till 1999) and was residing as a joint family in the land.. meanwhile he purchased a elder sisters share  of 90 sq yards and gave half money to second sisters share...but could not register any ...later the other brothers started earning ...and left the country...in the meantime my father purchased  220 sq yards of land adjacent to my grandma land...and registered in my mother name..in year 2000  ...my father business suffered losses and he was in debts...so he sold his own share of 165 sq yards to some outsider...when debtors started pressurising our family his brother s offered to purchase the 220 sq yards land which was   my mother name...she  registered to them out of pressure... later in 2006 my marriage was fixed...my father asked for settlement of sisters lands which he purchased...they didn't talk a word...Nd oneday they came with my grandma and got the sisters land registered in their names..my father made a fuss so they said we ll look after u..and kids(4 girls)..and from 2000 till date they are giving free money to my father and helped in our marraiges(2 ) younger kids studies etc...now whenever my father didn't have money he creates a fuss and says give me my share and then they send him money and he shuts his mouth as if nothing happened...this continued for the past 15 yrs.n ow..they constructed a 5floor building taking suggestions from my husband and also used him as a barrier against my father to not create any fuss regards share... now 1 yr back I and my husband knew their intentions (with the help of registered document given by them)and asked  _y r u all doing this...u can give the rightful share to your brother a nd let him live as he has four daughters 2 to still get  married (1is physically handicapped)  but they said we give money for marraiges and monthly income to brother...that's it...or else nothing...upon pestering they agreed of 100 sq yards land...and will give 1crore for the land..which is half the rate  or else u select any other land we will pay 1crore....they don't want any son in law to interfere In their land which we are asking to give...my father agreed for 1crore ...which they promised in 2015 Feb..to pay in 2016 March...but till now they didn't give single penny but giving monthly income to father...and they r not talking about settlement....
Please advise what to do..
Asked 2 years ago in Family Law from Hyderabad, Telangana
Religion: Muslim
1) have your uncles given in writing they will give Rs one crore to your father ?

2) your father can file declaratory suit that he is owner of 90 sq yards of land purchased from sisters and regd by brothers in their name 

3) seek injunction restraining them from selling the land 
Ajay Sethi
Advocate, Mumbai
47887 Answers
2842 Consultations

5.0 on 5.0

1. Please note that from legal point they are the title holders of their shares of your grandmother's property title of which she had conveyed in their favours and not in favour of your father,

2. They had borne the expenses of your father which they could have refused to,

3. Your father and you can not claim any share of your Aunt's properties title of which have been conveyed to them by your Grandmother who was its owner before,

4. Your father should accept Rs. 1 Crore for the land which they have agreed to give since he has no legal right to claim share in their properties.
Krishna Kishore Ganguly
Advocate, Kolkata
19094 Answers
461 Consultations

5.0 on 5.0

What is your father's opinion about this?

You say so much but you have told anything about your father's vies on this.

If your father had agreed to take that amount he only has to pressurise his sister to get that money in his own way and method.

Since this is oral agreement and no documentary evidence, if your father is planning to initiate any legal action on this, he may stand losing the benefits what was assured to him.

Hence this needs diplomatic thinking and careful handling.

Work out the strategies properly and bash your father's sister through counterblast action unless they will not give in to the pressures.

T Kalaiselvan
Advocate, Vellore
37962 Answers
409 Consultations

5.0 on 5.0

In this scenario it is for your father alone to file a suit for partition to cull out his share in the property in accordance with the Shariah. All the title deeds and the deeds of transfer of property have to be perused in a threadbare manner to ascertain whether your father has any right to seek partition. So consult a lawyer with the copies of the deeds.
Ashish Davessar
Advocate, Jaipur
23426 Answers
652 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer