- This topic has 4 replies, 3 voices, and was last updated 1 year, 2 months ago by
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CAround 10 years ago, my father borrowed some money from his brother-in-law (his sister’s husband). At that time, he signed a few documents, believing they were just a standard record for the loan. There was no intention to sell or gift any property.
Recently, we found out that a portion of my father’s ancestral land — property passed down from his parents — has been **legally transferred** to his sister (the wife of the same brother-in-law). It appears that the documents he signed were used to execute this transfer, possibly under the guise of a sale deed or gift deed, without his full knowledge or informed consent.
We have tried to resolve this within the family, but they are not cooperating. My father never received any sale consideration, nor did he intend to part with the land.
We are extremely concerned and would like to ask:
1. **What legal remedies are available now that the land has been registered in someone else’s name?**
2. **Can we challenge the transfer based on misrepresentation or fraud?**
3. **Is it possible to file a case for cancellation of the deed or for recovery of property?**
4. **What kind of evidence will be important in a situation like this?**
5. **Should we file a police complaint for fraud, or begin with civil court action?**Any advice or direction would be really appreciated. We are ready to consult a good lawyer but want to understand the basics first so we can move quickly.
Thanks in advance for your help.
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UI’m sorry I am not going to go into details of what you’ve written regarding documents that were forged etc. But I am here to tell you that your father’s ancestral land is also your aunt’s ancestral land. It does not ONLY belong to your father, legally. She has full claim to it and rightly so. All children, boys or girls have equal share in their parent’s property according to law. So maybe look at it as not being wrongfully taken but perhaps she has got what was already hers. If she hasn’t taken half of it then be quiet and let them take what they have or they may claim the half that actually belongs to them.
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BLaywer here. You have a decent case from the face of it but the papers would have to be seen before making any comments or assumptions.
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