Legal Question in Civil Rights Law in India

law relating to ansisters property

My wife's mother died in 1995.Her mother was serving in Govt of TNadu with 5 legal heirs namely Husband,3 daughters,1 son.All death benefits shared equally to all legal heirs by individual cheques to last rupee. She was gifted a agri land by her brother (my wife's uncle)as part of settellment of ansisters property.Total extent is 0.86 cents .Out of 86 cents 49 cents were sold by all legalheirs for medical expenses(Open heart surgery) 22 y of deceived's youngest daughter. the remaining 36 cents was sold without the knowledge of my wife & youngest daugter(heart patient).Father ,elder daughter and brother by way of executing GPA to a third party.(understand with forged sign. of my wife & two legal heirsmy in the year 2002).Inturn the GPA holder sold the property 27 cents in y2003 & 10 cents in y 2004 and the same are registered.My wife was not knowing the survey nos till recently.Now after knowing the survey nos EC & For copy of the registerd documents was applied at the sub registrars office.Now we have EC and copy of the registered documents except the copy GPA Which is registered in the year 2002.(only husband name,gpa holder and buyer name is appearing in the EC). How can i get the copy of GPA ?and also the legal rights .


Asked on 6/12/07, 3:52 am

4 Answers from Attorneys
Viswanathan Ganapathy G Viswanathan & Associates

Re: law relating to ansisters property

You may apply for a certified copy of the GPA. You can file a original civil suit for cancellation of the sale deeds on the grounds of fraud. However, onus lies on you to prove fraud. You may also simultaneously initiate criminal proceedings, by way of a complaint to the police or a private complaint against the rest of the heirs and the GPA holder. In either case you will have to include the buyers as parties.

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Answered on 6/12/07, 4:08 am
rajeshwar sharma rajeshwarnathsharma

Re: law relating to ansisters property

You may apply to the concerned office of sub-registrar for issuing of certified copies of GPA and thereafter you may file suit of declaraton for declareing sale docments as null and void on ground of fraud, cheating & foregey by impleading the buyer as one of the parties. Your wife may also lodged FIR against the father, elder daughter and brother for committing the offence of fraud, ceating and forgery.

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Answered on 6/12/07, 6:02 am
Vivek Mapara Mapara Law Firm

Re: law relating to ansisters property

Your wife entitled to cliam her share in the property by filling either for her share from her heirs, or she can also file suit for declaration of so called deed as fraud bogus, and for cancellation of deed. She can also go for criminal compliant of fraud.

You can apply under right to information act to the conerned authority and can get GPA

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Answered on 6/12/07, 8:37 am
G. M. Gupta gmguptaandassociates

Re: law relating to ansisters property

file both civil and criminal cases against them.

file suit for declaration/partition in civil and fraud, cheating and breach of trust in criminal.

for detailed advice please contact personally with documents. consultation charges will apply.

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Answered on 6/13/07, 4:15 pm


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