orignal sale deed , nominee money double cross karta alienation

Posted 4 years ago

Dear sir My father was Hindu died interstate 4 years back. there 3 survivors me my mother and step brother. My father had made a house for me and my mother and he kept for my brother share as nominee money When my father died he agreed orally not to claim share if we let him have nominee money. but as soon as he transfer the nominee money he stole the original deed to the house. afterwards he did not acknowledge that he has got the deed.
we gave a police complaint and took the certify copy and mutated mine and my mother name .
Question :
1)Gift deed : As my mother and i are Co owners to the house if she gift deed her share that becomes a new ttitle to the house . Now if my step brother wants to claim a share he needs to claim possession and partition in houw many is it 12 years. how will my mother gift deed the house because it is not partioned neither we have them in mutation. record or any other record. or should she release deed .
2) Katha: My mother fells it has become legally necessary to alienate the property so that he cannot cheat again or try to fake signature and claim the whole house . she feels she has write to sell the house to prevent him from playing games. I would like to know if i give my share to muy mother she has a title now if she like to sell what is the statue of limitation for them to claim
3) Partition : i would like to prevent pasrtition . i would like the court to understand that he has already taken share . if so he needs to give back the nominee money with interest. . he cannot say statue of limitation if it should same with property