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Fraudulent Transfer of property


11-Feb-2023 (In Property Law)
My Mother has 3 siblings. So in all they are two brothers and 2 sisters. My Mothers mother (my grandmother) expired on 7th of June. She was living in a house in Golibar, Santacruz east along with my mothers elder brother, his wife and two sons. The house is in my grandmothers name. After my grandmother expired in December, my mothers elder brother was threatening my mother to sign a “No-Objection Certificate” so he can transfer that house in his name. He works in Kuwait and has been constantly threatening and harassing my mother to sign the no-objection certificate. In addition to this, a few days ago, my mother went to ask for Grandmothers death certificate and they had refused to give the same. My mother fears that her elder brother will fraudulently transfer the house in his name by forging signatures etc. and she has been fed up with the threats and harassment. That’s why we need to take legal action for the same. Either stay order for not selling the house or something like that.
Answers (2)

Answer #1
529 votes
First you can get certified copy of death certificate from BMC officer by paying fees. You can file civil suit for declaration and possession of that property. If you have any fear that they will sale that property then you can publish public notice through Advocate in news paper urgently.Thereby no will eager to purchase that property.
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Answer #2
932 votes
This is my response to you: 1. Obtain a succession certificate/LOA from the High Court; 2. Once it is established that your mother is the legal heir then she can stake a claim; 3. Then she can file a separate suit and obtain a stay order; 4. Consult a local lawyer, discuss full facts and take steps.
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