Late father house illegally sale by the money lender to the third party without any consent & knowledge from the family members Late father house illegally sale by the money lender to the third party without any consent & knowledge from the family members

5 years ago

There is one house of my late father in District: Muzaffarpur, Bihar. My elder brother had mortgaged my father's house in need to cover my sister's marriage expenses with a money lender in the year 2004. In the year 2005 my elder brother was arrested in a criminal case and still he is lodged in jail. Taking the advantage of this fake sale deed papers was prepared & money lender is shamelessly transferred and registered the my father house to third party in the year 2012 and now third party living in my father's house as an owner for since year 2012. When I opposed and objected the money lender for this act in return he threatened and told me that I can't do nothing whatever legal course I take in the future. I was not aware that my father property was illegally transferred to third party by the money lender because since my elder brother arrest I was working in Wardha, Maharashtra to earn my living when I visited my native place Muzaffarpur, Bihar in 2015 I came to know that my father house was illegally transferred now I don't have any rights. I have all the documents regarding my sale deed in the name of my father and the agreement deed what my elder brother borrowed the money from the money lender. My father and mother are no more alive and we are 5 brothers and 1 sister and how the money lender manage to transfer my father house without the consent and signature of all shareholders like all brothers and sisters because it is joint property after death of my father. I want to request your team of lawyers which is best legal option to take to evict the third party who purchased illegally and staying in my father's house

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
It seems there is no legal transfer of property from the name of your father to the money lender. Simply mortgage does give him the right to sell. The Money lender ought to have filed a suit for FORECLOSURE and on its decree then he has right to sell. Now you can file a suit against the Money Lender and the Purchaser stating that you are ready to pay the mortgage amount and request the court to redeem the property. It is called suit for Redemption of Mortgaged Property. Further pray that sale deed executed by the Money Lender is not binding on you as it was without any title. More on mobile phone.
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Johnson Thangiah

Responded 5 years ago

A.Sir,
Your claim is not clear.
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