Legal Question in Civil Rights Law in India

Can my father made an bill in the name of my two nephews , whether we are two brothers.That property was initially transferred from my grand father to father.

My nephew have done fraud against me. My father had expired on 26th Jan.2013.while the bill had been made in May 2011.

Can I get my Share in my parental property.After the death of father Name of myself and my brother have registered in Govt.record but nephews submitted the bill in court to replace the name.Now the case is in court.


Asked on 8/14/13, 8:20 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.08.2013

Dear Sir / Madam,

First and foremost, even if the Court entertains your nephews plea that your father actually sold and billed the property to them, your nephews will have to prove to the Court that they actually made the full payment of the purchase consideration to your father, and they ought to have got the property registered in their name when your father was alive. You should question them in Court as to why they did not do it. If they cannot prove these two essential facts, the case will not sustain and it will be dismissed by the Judge with costs to you. Besides, assuming the property was not registered, then your father ought to have made a Will that the property should be transferred in the name of your nephews after his demise.

Regards,

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Answered on 8/14/13, 8:33 am


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