Legal Question in Wills and Trusts in India

My father left small portion of the self acquired property with out partitioning to children, we are seven children. After the death of my father my brother has trasferred the property to his son's name by giving consent letter declaring that all the children of deceased have agreed for tranfer of property in the name of the grandson. . But none of the other children have signed this document. we came to know about this in 2009 where as the transfer has happened without we signing the document in 2006. But the records show that all the children have afreed for the transfer. Now what action needs to be taken?. Is the case civil or criminal?


Asked on 4/02/11, 9:47 pm

2 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

You have both remedies of Civil and Criminal . You file a complaint of cheating against your brother and a partition suit for partitioning the property amongst legal heirs.

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Answered on 4/02/11, 11:19 pm
shiv shakner saini saini law

you have to lopdge a FIR U/S 420,465, 120B,/34 IPC and also file:-

(1) a cancilation suite to transfer of property. and

(2) a suit for partition

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Answered on 4/03/11, 12:54 am


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