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Uncle has stolen property of grandfather without letting us know


20-Sep-2023 (In Property Law)
Hi.. We are Sikh by religion. My grandparents has 2 sons. 1 died i.e. my father and my uncle is alive. we had a Ancestor property in Bhogal South Delhi. In 2012 or 2013 my uncle had sold the property without our consent. Can I file 420 case against him as we are 5 siblings and we have a equal right.
Answers (5)

Answer #1
542 votes
First try to file a criminal complaint in the police station by hiring a competent lawyer and if suppose th police does not register it as the facts of the case may resemble them about the civil proceedings then file a 156(3) along with 200 not only u/s 420 but also for forgery , criminal breach of trust and some other sections which can be disclosed only when You ask personally for the same .
Answer #2
688 votes
Yupp 420 is completely made out. And we can file a civil case also for declaration. We can start with filing a criminal complaint and with a civil suit. Can attack the other party with multiple litigation as whatever he has done is cheating per se.
Answer #3
697 votes
Lodge FIR and after that apply for the copy of the deed and try to take it the said property in custody and if facing in issue will come to know the fact of the issue and after that consult any civil advocate who is near by u for the betté direction.
Answer #4
547 votes
Since this property was a part of the Hindu Undivided family property, you too had a full claim over the property. If your uncle sold the property without obtaining the necessary NOC, then there is a case in hand.

Feel free to contact me and our law firm.

Thank you!
Answer #5
524 votes
Satsriakal ji. Ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed. So no need to worry except the wastage of time running from pillar to post in the court premises. Yes, you can file a case under sections 420 and 406 of IPC for cheating and criminal breach of trust and you should file suit for permanent injunction and cancellation of sale in the district court. I hope it helps.

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