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Brother fraudulently transferred property from other brother


05-Apr-2023 (In Property Law)
Greetings, it was about a case which is still in place since 2006, two brothers out of one is unmarried (also littlie unstable and not having full sense-unmarried one), there is a piece of land yet not divided between two and both are joint holder of the land. Some goons got signature and thumb impression from the unmarried brother forcefully, by fake promises of marriage and other stuffs and now the scenario is that a case is pending in civil court which was filed by the same person (Unmarried brother-wherein others are supporting him financially) on the a/c of unmarried brother that a fraud was done with him as that was the only portion of land he has for his livelihood and the truth is that without even paying a single rupee other party has got that land registered on their name. Considering that I am writing you on behalf of Unmarried brother and his family, can you please help me understand that what are the chances and scope in this case. thanks!
Answers (1)

Answer #1
529 votes
We suggest that the unmarried brother should file a suit for partition thereby seeking his share in the property.

Further in the said suit itself he should specify that the signature were taken forcefully , by fraud. Also file application for temporary injuction thereby seeking stay on the property that the brother/goons cannot sell or create third party transfer.

In addition , he should file a police complaint under Section 420 and 506 of IPC.

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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