While selling the property of grand father uncle made false promise orally
1 year ago
While selling the property of my grand father(11gutas on main road), uncle made false promise to my mother orally and took my mother signature and did not return back to fulfill the orally given promise
Your mother may file partition suit immediately narrating the facts about misleading her. Thus, your mother may win the case.
Subhashis Paul
Responded 1 year ago
A.If the property has been already sold and while such transaction your mother have given her signatures though based on fake promises made by your uncle then but since it was oral in nature therefore it cannot be proved whether he said it or not and moreover since your mother have given her signatures so it will be considered as she have given her free consent while selling such property. Hence it would be advisable to you that you can request your uncle to fulfil his promise which he made to your mother otherwise if he refuses then you have to consider that it was your mother's poor fate.. Furthermore if there is any portion of the said property is still left unsold then your mother must claim her share of rights on that property as your grandfather died intestate leaving behind your mother and uncle as his legal heirs.
As the action being done was orally it is difficult to prove the same. It is advisable to consult an advocate once ,with full details. If it is your uncle's property and that he has not given you by consent nothing can be done. If it was an undivided property and you had a share, you can file a civil suit with the help of an advocate.
Thanks and Regards
Simi Paul
It will be a problem in proving that your uncle made a false promise. Though you can file a civil suit with the help of an Advocate.
Hope it helps.
If you file a suit It will be difficult to prove before court since the promise was made orally and there is no proof of that and moreover since your mother has given her signature on the documents.
The only point or ground that can be made is that she has given her signature without understanding or was being misled by your uncle on that ground, you may file a suit. To further understand the situation you must have a consultation with an Advocate.
Thanks & Regards
Your mother can file partition suit legally saying that she has not received any share in the sold property. Thus, your uncle may come for compromise.
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