Legal Question in Real Estate Law in India

Hello,I am repeating my ques in this forum.My Father had given the ancestral property to my half brother,for keeping as security for loan-WITHOUT my knowledge or permission.Now the loan that my brother has taken is not paid up,thereby risking the property.Besides,they are not doing anything to take back the documents.I need to take legal action against them both.

On what charges /suits can i move forward ,in seeking legal help.

Pls advice.

Manoj


Asked on 6/09/11, 10:13 pm

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Did you mean that your father transferred the property to your brother and your brother mortgaged the property?

If the property transferred is joint hindu family property, you can file suit to claim your share.

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Answered on 6/10/11, 12:55 am
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

as your father is just a guarantor so he can do your knowledge is not a criteria in this case so presently you cannot take the legal action.

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Answered on 6/10/11, 8:50 am


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