Legal Question in Real Estate Law in India
my mother in law has not made a will and expired 15 yrs back. she has left behind properties worth crores and her only son had fradulently changed the patta after some portion of properties patta came to the legal heirs name. my question is how the portion of properties patta changed to all the legal heirs? my only brother in law who recently expired has not made a will of his own ! After his death we enquired about our mother in laws property details and found that he has fraudulently transfered pattas to his name (this we came to know from the VAO of the property location) what steps shall we take to get the patta reversed to all legal heirs?
4 Answers from Attorneys
you have two remedies. One - file a criminal complaint and second - file a civil suit for cancellation of patta and substitution of lawful legal heirs.
You have to file a case for getting the probate of that will and after that you can flle a criminal case against them
You only have civil remedy as the culprit, your brother is no more ,so you cant file a criminal complaint against his family.You file a partition suit against his family.
approach the court and file appropriate suit for reversing the patta/mutation.
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