Legal Question in Real Estate Law in India

Hi,

My parents own some properties in india.We are 2 sisters and 1 brother. My brother's is a love marriage and he forcibly is sitting in one of the properties. He has been disowned from all the property since 1995 when he was 18 yrs of age due to his bad company. He physically and mentally harrassed my parents and forcibly took my father in a room and made him sign the registry. HIs wife has also filed a false case against my mother and elder sister that they tortured her. She didnt put my father's name as they knew the property( forcibly taken by my brother) was on father's name.My mother has filed back the case saying they have taken the property by haraasing them..My mother has got the stay as well for the property.. What do you think about this case?? HOw long do you think it can take? And can my brother take the property even if he has been disowned long time back?? And also this property is my father's and not inherited from anyone...

Plz reply..plzz


Asked on 12/17/09, 7:08 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you mother has to prove by leading evidence that her husband was forced to sign the papers and he did not do so voluntarily. in case she fails to prove that, the case goes against her. as the property was self acquired, your father is empowered to execute transfer papers in favour of anyone.

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Answered on 12/18/09, 9:23 am


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