Family property dispute, cheated by brother. What to do?
03-Jul-2023 (In Property Law)
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.
After 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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How do I take legal action against my brother?
How do you solve property disputes between brothers?
Can I claim my brother property?
What if my brother cheated me out of my inheritance?
In this case delay in initiating legal action is always harmful so proceed immediately.
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
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Communication:
- Start by having an open and honest conversation with your brother about the property dispute. Misunderstandings or disputes can sometimes be resolved through dialogue.
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Legal Consultation:
- If communication fails or the dispute remains unresolved, consult with a property lawyer who specializes in family disputes. They can provide legal guidance and assess the situation.
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Review Property Documents:
- Gather all relevant property documents, including titles, deeds, wills, and any agreements. Your lawyer can review these documents to determine the legality of the transfer of property and identify any discrepancies.
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Mediation:
- Mediation can be a viable option to settle property disputes amicably. A neutral third party can facilitate discussions between family members to reach a mutually agreeable solution.
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Legal Action:
- If mediation does not work, you may need to consider legal action. Your lawyer can help you file a lawsuit to assert your legal rights to the property, especially if there is evidence of fraud or undue influence.
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Partition Suit:
- In cases of co-owned property, a partition suit may be filed to divide the property among co-owners, including siblings.
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Preservation of Evidence:
- Preserve any evidence that supports your claim, such as correspondence, witness statements, or financial records related to the property.
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Seeking Injunction:
- In some cases, it may be necessary to seek a court injunction to prevent further disposal or sale of the disputed property until the matter is resolved.
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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