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Procedure to challenge the ancestral property on the name of brother


22-Oct-2023 (In Property Law)
Hi, I need a legal advice. My brother has wrongly influenced my dad and got the fathers property registered in his name. Since the registry of the property is in my brothers name Can I challenge him in court? My brother is also looking to sell the property to a third person. Can I stop him doing so legally? My father being very old now doesn’t remember anything. Is there any way out? Right legal advice is badly needed?
Answers (3)

Answer #1
832 votes
Dear Client. ,
Yes very. Well. You. Have. The right. To challenge. The deed. Done. In favour. Of your brother. If he. Is trying. To sell it to third party then you should immediately file a suit against him to stop doing so. For your further query you can contact me.
Answer #2
508 votes
File a suit for the Cancellation of the Gift Deed/Sale Deed in favour of your brother on the ground of it been obtained by undue influence as provided under Section 16 of the Indian Contract Act, 1872. and thus the consent of your father to such a contract was not a free consent as defined under Section 14 of the Indian Contract Act, 1872.
Also, if he has initiated the procedure of mutation you can file your objections before his name is entered on the records.
Answer #3
631 votes
dear sir/mam

we have read out your query very carefully, sir apka question clear nhi ho pa rha hai? ye property aapki father ne kharede h ya parental ?.aap ki bhai ne vasheyat apne name kar wai h ya propety ragistery karwa li h?aap dono hi condtion may aap unpar case kar shakte h.

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