My brother in law and sister are after my parents property
10 months ago
My brother in law and sister are after my parent's property. They live abroad. My dad is visiting them in 2 weeks. I am trying to stop him but he trusts them way too much. I am scared if my brother in law would get my father to sign papers indicating that he is transferring all his property to my sister. My brother in law is a vad guy and will go to any extent for money. What can I do to stop this?
Should i make my dad sign a document stating that if anything unnatural happens to him it wiuld be because of my sister and my borther in law?
Side note: my sister and brother in law eloped and got married against my parent's wishes. My mom is on my side and knows their true colours but my dad is ignorant
In case your parent's property is self-acquired property and jointly owned by them, then you need not worry to lose it (having your mother's support) because one of the owners of the property is on your side. But in case it is the self-acquired property and singly owned by him, then he can dispose of that property as per his choice to anybody. Once the title of the property is transferred by registered Deed of Gift or Will, it will be a very difficult task to prove fraud or undue influence behind the transfer before the Court. However, in the given situation, you can file a Caveat petition under Sec.148A of CPC that specifies the rights and duties of a person who files the caveat petition. Upon filing, the caveat it remains in effect for 90 days. A fresh Caveat Petition requires to be filed after 90 days. A caveat is, "an entry made within the books of the offenses of the registry or court to prevent a particular step without prior knowledge to the person submitting the caveat." It is acknowledged as a legal notification or precaution taken specifically in the probate of Will cases. Reach out to an Advocate for proper guidance and steps in the matter.
as per the Indian Contract Act, any contract entered into by fraud or undue influence or coercion is void/voidable. If your brother in law does this, you can sue him in Court for retrieving your father's property
You may immediately get file a dummy suit through your mother or any other person claiming partition and thus get interim order of stay not to execute any document by your father till the disposal of such suit.
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