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Brother fraudulently took the other brother's property


10-Dec-2023 (In Family Law)
My cousin as 3cent property in kerala in his name. he had given the document to his younger brother during partition of the ancestral property because he is suffering from paralysis and could not go there. he has given POA to his wife. now his brother is not giving the 3 cent document which is in my cousin name he says that my cousin promised to give the property to him ( younger brother) and given it written ( my cousin as not written nor signed any letter his brother is showing some white sheet paper with my cousin signature which is dummy). when we went to police to get back the document the SI is saying no my aunt (cousin wife) should register the 3 cent to my cousins younger brother and will not give the document SI says let the document be with my cousins younger brother and give the property to him .
Answers (3)

Answer #1
842 votes
Dear Client, you are hereby advised to file a Civil Suit against your brother. The same can be filed in Kerala as the property is situated in Kerala. You are further advised to consult a local advocate for the same.
Answer #2
531 votes
To repossess your documents you can file a suit for injunction and the concerned Court well in this matter I would like to suggest you kindly consult a local advocate so that you can be assisted properly
Answer #3
869 votes
Firstly if the ownership documents are in favour of your cousin then his brother can not create his title over the said property..Therefore as you said that he has created some forged/fabricated documents bearing signatures of your cousin then for the same a criminal complaint can be registered immediately,besides that if police is not registering the complaint then go ahead and file 156(3) crpc stating all the facts.Therefore besides this a civil proceedings can also be run asking injunction over the same property and seeking cancellation of those documents and regaining the title over the property.Therefore you can go ahead and avail both remedies.Thanks

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