Legal Question in Real Estate Law in India

Hi ,

we had a flat in name of my grandfather the agreement was cooperative in nature among four partners and my grandfather was one of them. he had nominated my father for the same. the time since this property has been registered in 1993. Just before my grandfathers death in 14 Apr 2006 my uncle had taken a thumb impression of my grand father on a blank letter and later created a letter to revoke the nomination of My father from the property and instead nominate his two sons for the same.the letter was prepared 15 days earlier to my grand father's death without his knowledge. My uncle later had got this letter registered by the notary and also authorized by a 1st class magistrate.We had sued him for manipulation of the property documentation and false full preparation of the letter.

Can such letter create problems for ownership of the flat which was nominated in my father's name?

what can


Asked on 11/12/10, 12:26 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Nominee is merely a trustee of legal heirs of property owner.

In case your father has rights as legal heirs, he can take appropriate legal recourse.

In case you have reasonable prima facie case of preparation of fraudulent or forged document by your uncle, you can take appropriate legal recourse in that behalf.

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Answered on 11/28/10, 8:53 pm


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