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Late father house illegally sale by the money lender what to do


16-May-2023 (In Property Law)
There is one house of my late father in District: Muzaffarpur, Bihar. My elder brother had mortgaged my father's house in need to cover my sister's marriage expenses with a money lender in the year 2004. In the year 2005 my elder brother was arrested in a criminal case and still he is lodged in jail. Taking the advantage of this fake sale deed papers was prepared & money lender is shamelessly transferred and registered the my father house to third party in the year 2012 & now third party living in my father's house as an owner for since year 2012. When I opposed and objected the money lender for this act in return he threatened and told me that I can't do nothing whatever legal course I take in the future. I was not aware that my father property was illegally transferred to third party by the money lender because since my elder brother arrest I was working in Wardha, Maharashtra to earn my living when I visited my native place Muzaffarpur, Bihar in 2015 I came to know that my father.
Answers (3)

Answer #1
654 votes
Now the only way is to challenge the transfer deed in favour of third party, by the mortgagee, in civil court, where the property is situated. In your plaint you may take all these points and make parties both the mortgagee as well the third party
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Answer #2
741 votes
You may take steps for filing of title suit against the purchaser of the property before the learned court, raising all those grounds, claiming relief for revocation of so called forged and fabricated sale deed and for recovery of possession over the suit property.
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Answer #3
767 votes
How can a mortgage property be sold to third party. This is not legal as per law of the land. Contact a good lawyer, with all relevant facts and documents, discuss with him and act accordingly as per his advice
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