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Uncle took land by fraud now asking to compromise what should we do


23-Feb-2023 (In Property Law)

My paternal uncle had sold by forgery a land that was fathers property (after my fathers death) . Just before the death of my grandmother, he got the flat transferred to himself on the will from my grandmother. Now he is insisting that we take the forgery case back and that he would then transfer the flat to our name. We on the other hand are asking him to first transfer the flat in our name after which we would take the case back. The flat is the one where we are residing in from 30 years and was bought by my grandfather. please suggest the best way for compromise in such trust deficit.

Answers (4)

Answer #1
883 votes
Don't withdraw the case before executing and implementing the compromise. Ask him to get the sale deed cancelled and transfer property in your name..as the person whom he had sold will also contest the cancellation so take that purchaser too into loop and ask him to be a party to the compromise deed so that tomorrow it's not being questioned by him..

Answer #2
511 votes
Dear Sir
I shall be back in New Delhi on Friday as of now travelling. You can prepare a memorandum of understanding and get it notarised from the concerned court jurisdiction only on a Rs100/- stamp paper and with I.bonds and affidavit with registered will.
Surely shall revert back on coming Monday.
Thanks
Best regards
Answer #3
816 votes
The FIR lodged in forgery matters is non bailable and non compoundable.The FIR in your matter can only be quashed by High Court.You are required to file petition under section 482 Cr.P.C.While moving the petition you can enter in the agreement and make the agreemnt as annexure.The petition will be quashed only on the basis of the said mou and the said mou can be then made legal and conditional.
Answer #4
671 votes
Either go to mediation with the permission of the court or record your statment on oath on behalf of both the plaintiff and dendent before the court and ask a date from the Hon'ble court for complaince/status report.
Thanks and regards

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