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ILLEGAL TRASFER of Property by Uncle's
26-Mar-2024 (In Property Law)
Hi
My Uncle's (Hindu Religion) have Registered my Grandfather's Property without my consent. And it is mentioned as Partition among Family members in EC.
My Grandfather means my Mother's Father.
My Grandfather, Grandmother and my Mother died before 10 years.
Can I file a Police Case on my uncle's for ILLEGALLY TRANSFERRING PROPERTY without my permission?
If yes, please let me know the Fees of Advocate who can file an FIR.
In the context of Indian law, particularly under the Hindu Succession Act, if your grandfather's property was transferred or partitioned without recognizing the legal heirs' rights, it could indeed be contested. However, it's important to differentiate between criminal and civil legal actions in this context.
Civil vs. Criminal Action
Civil Action: Your situation seems more suited for a civil action, where you would contest the partition or transfer of the property in court, asserting your rights as a legal heir. This involves challenging the legality of the property transfer in the court, seeking to have the transfer declared null and void, and to have the property rightfully distributed among all legal heirs.
Criminal Action: Filing a police case or FIR (First Information Report) would typically be appropriate if there was a criminal act involved, such as forgery or fraud in how the property was transferred. For property disputes that arise out of civil matters, like inheritance and partition, police might often consider it a civil dispute and suggest taking it to the civil court.
Civil vs. Criminal Action
Civil Action: Your situation seems more suited for a civil action, where you would contest the partition or transfer of the property in court, asserting your rights as a legal heir. This involves challenging the legality of the property transfer in the court, seeking to have the transfer declared null and void, and to have the property rightfully distributed among all legal heirs.
Criminal Action: Filing a police case or FIR (First Information Report) would typically be appropriate if there was a criminal act involved, such as forgery or fraud in how the property was transferred. For property disputes that arise out of civil matters, like inheritance and partition, police might often consider it a civil dispute and suggest taking it to the civil court.
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Adv. A Murali Mohan
Chittoor | 100+ Answers
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hi you have the remedy to file civil case for camcellation of the sale deed as it is fone by suppressing the material facts of the case and by misleading and that such agreement is void in the eyes of law
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Adv. Baddam Aravind Reddy
Secunderabad | 500+ Answers
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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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