Widow lady and her son was defrauded by their relative

I have my maid.Her 2 acres of agriculture land was taken by her Devar since she is an uneducated widow.She and her son gave thumb impression but they didn't know it was for property transfer.She is cheated by all people associated with the deal.Can she get her land back?

Answers (4)

Yes definitely she can get her land back. For this one civil litigation for injunction needs to be filed so that the cheaters can be restrained to alienate it further. Also offence under section 420 of IPC and other relevant sections can be registered before the police station......for which the persons involved can also be punished for doing the above act.

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If the property is ancestral, then in that case legal right in the property can not be just take away by thumb impression. Weather the thumb was taken before sub-registrar and what document it was executed. First you have to find out on which paper they have given their thumb, where that documents have been produced. You can challenge the transaction if you have not received any consideration or if your thumb is taken by fraud, or by threatening. But all this action has to be taken as early as possible.

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it is difficult to answer the query without perusing the document executed by your maid. Nevertheless, she would be entitled to claim the said land if she can prove that she was cheated and her thumb impression was taken without her consent or was taken out of coercion. Also, we will have to examine whether the Ageeemebt is executed fulfills the mandates of the contract act

We cannot expect as to the way in which the papers with thumb impressions will be misused. but since you are stating that the property is agricultural land, you can always lodge complaints with the concerned government departments requesting them to restrain from making any changes to the records without intimating you.

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