Legal Question in Real Estate Law in India
reg: property
sir,my father was affected by menigities and he taking treatement for 4 months and still now.in that time when my father was unconsious state my father's elder sister taken my father's thumb impression in a blank paper.they are now asking 1/6 of property rights to them.but in 1994 when my grand father died ,my father has got release deed from all of his sisters and also registered it.now in that blank paper they write as ''my father has accepted to give 1/6 of property right to them ,with the post dated date to the release deed .all this property belongs to my grand father.
4 Answers from Attorneys
Re: reg: property
From the question posed, it seems your father is still alive. Then his thumb impressions taken have no significance. Was the property lease hold or free hold?
Re: reg: property
If your father's sister had released all her rights by way of a registered release deed, now she can not claims the same by virtue of an unregistered doubtful writing. Is your father an illiterate? If not, you can even consider prosecuting your father's sister for forgery and other offences she had committed by obtaining thumb impression of your father on blank paper and then making it appear as a writing made or authenticated by your father by his thumb impression.
Re: reg: property
Dear Sir,
It is not easy to establish any new right or title by simply getting thumb impression on any blank papers. So do not be scared or afraid of any consequences. Meanwhile you should undergo homework as follows : -
First of all, wait and watch for some time, till any legal action is taken from ur fathers sister.
Secondly, is your father literate and able to make is signature. If yes then collect his transaction records where u used to initialize his signature and not thumb impression. Also get your fathers sickness certificate and all such relevant records. Also try to collect the release deeds. When ever any proceedings before the court shall beguin this all shall be important documents of ur defence.
Re: reg: property
From the elucidation of facts, it has to be deduced that your father is still alive, and if that is the case, then you can issue a notice to parties to correct their mischievous intentions and make your stand clear or if the documents are already acted upon by fraud, then you have a right to challenge the contents as well as the signature by putting forth a claim that your father was not of sound mind when he has attested the document and the same has been obtained by fraud.
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