Property Cheating
2 years ago
This is regarding our partition deed in year 1983 (Ancestral property). My father has got share 3.33 acre of agri land and as he was serving in defense so handed over to his elder brother to look after his land with no monetary benefits from him. His late elder brother cheated him and sold the 1 acre land to 3rd party in the year 1986 while he came on annual leave. This cheating and forgery was happened legally with my father's signature on Sale deed. My father didn't collect any money from 3rd party on this sale and all the money was grabbed by his late elder brother for his own need and expenses. My father did a big mistake of not getting into the insight of the sale deed and signed the copy without knowing the actual facts that his land was being sold.
We actually came to know this fact recently in computerized encumbrance certificate. As his elder brother is not alive and only legal heir (his son) is available now. Please guide and share your comments if we can do any legal proceedings to get justice.
Tanmoy Chattopadhyay
Responded 2 years ago
Get file partition suit.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
You can file for cheating and fraud but period of limitation has expired to file the case and now court has the power to accept your case if it sees the merit and your reason for filing the case late is genuine. If the case is accepted then you can recover the sales amount from the legal heir of your uncle. But first I would recommend to solve it amicably with your cousin.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
If you file a civil suit against this now then limitation period for the same has passed. But if you have sufficient reason proof that you or father didn't know about sale of the land and had no whatsoever reason to doubt your brother. The same amount could be recovered from his son if the case allowed in the court. But you can also settle amicably with your cousin brother.
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