Legal Question in Real Estate Law in India

Hello&hi;Sirs,NAMASHKAR to everyone of Sir.I didn't expect the way you all replied to me,really thank u so much for your replies.

FACTS ABOUT THIS CASE :--

My father is literate(10th class) but not well educated(using medicine for mental sickness since younger) had run a bakery business. Huge losses every-time, bec of paying the debts of his brother S (3 in number), along with interest,even if it's of Rs.10,he sold all our lands like this. The place of our mortgaged house is of our grandfather's PATTA land of 1960's.

The documents that we have at present are:-

1) PATTA converted into Property documents(with house plan) on my Mother's name in 2007 but,after 4 months of this mortgage,

2) Payment of property tax till date (but 'she'-lender enjoying the house property by running her hotel business in our house without paying any rent till now,that too it's very negligible amount of Rs.750/month only),

3) House Mortagage documents for 3years (Apr 2007 - 2010),

4) My father paid interest (Rs.2) till one�years from starting,but didn't take any proof. Bec, thinking that lender is neighbor& known local person to us.But,lender is denying it.

IMPORTANT NOTE : --

1) RECENTLY,IN JULY.2012 THE LENDER CREATED DOCUMENTS ON HER OWN MARRIED DAUGHTER'S NAME,as if,lender owe Rs.5,00,000 to her daughter,AND GIVEN THIS HOUSE AS PAYMENT FOR THIS DEBT.

2) MY FATHER GIVEN "three empty notes" by signing on it.

My opinion :-- She(lender) has done everything in pakka, and more-than actually needed with UNDUE-INFLUENCE.Because,(even though my father had run a business till 2007 end),he is mentally sick, under-educated, incoherent, insane, and with no lucid period...So,please help us out sir...

1 Answer from Attorneys

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