quesFamily property dispute, cheated by brother. What to do?

We had family property in name of my Father, Elder Brother and Myself. Before few months it was agreed by my elder brother that he will give me and my father certain amount towards share in property and then to transfer the property in his name. Then we transferred the property in his name. Now when my father ask him about the amount agreed he has turned back and refused to give any money. Without this money my father will have no house of his own and my brother will not allow them to stay in his house. We dont have anything in writing about the mutual agreement.

  • ansAfter going through your facts, this is a perfect case of criminal breach of trust and cheating. You will have to immediately lodge a police complaint if cognizance is not taken then private criminal case simultaneously you will also have to file civil suit for cancellation of so called  deeds obtained by fraud and also will have to inform the revenue authority in writing stating the said facts requesting them not to register your brothers name into property extracts.

    In this case delay in initiating legal action is always harmful so proceed immediately.

     

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  • ansSir, gone through your facts, this is a perfect case of criminal breach of trust and cheating. You will have to immediately lodge a police complaint if cognizance is not taken then private criminal case simultaneously you will also have to file civil suit for cancellation of so called deeds obtained by fraud and also will have to inform the revenue authority in writing stating the said facts requesting them not to register your brothers name into property extracts.
    In this case delay in initiating legal action is always harmful so proceed immediately.

    Advocate Sagar Kothari

      District Court Shivajinagar, Pune

  • ansSir,
    From query it is clear that fraud is played by younger brother in you n father, so u can file civil suit for cancellation of the said document n injunction in civil court n further can file criminal case too.
    Further you have allege that said property is ancestral means family property in that case you can file suit for partition n cancellation of document with prayer of injunction.
    Regards

    Advocate Pramod Kale

      District Court, Shivajinagar, Pune

  • ansyou can lodge an FIR against your brother for cheating and criminal breach of trust in the concerned police station. if not taken by the Police then file a private case u/s 420..etc before the Magistrate court. and you can harass your brother to give letter to society and concerned authorities for not putting his name in the share certificate and transfer documents.

    Advocate Pooja Agrawal Gupta

      Nerul East, NaviMumbai

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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