Recovery of property once transferred with promise to return the same


It was a property of my grandfather who passed away in the year 1971 after his death the property was transferred to my fathers name . They are 6 children including my father . One of my uncle was not financially good so he came up to my father asking to transfer the property in his name for his child's education and he wanted to avail some loan he said aftr the loan is repaid he will transfer it back to my father but now it's been almost 20yrs but he is denying to transfer the property to my father again and says it is his only property there are no other legal hires for the said property. But my father is in trouble bcz all other legal hires are forcing him to get the property back from him so kindly suggest how do we go about this case . We are a Hindu family

Answers (3)


230 votes

is there any written document regarding so called transaction?,if not then you can file suit for partition and separate possession before civil judge senior division,because this property is ancestral property


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217 votes

It's already been 20 years since the transfer. Clearly any action taken now to claim retransfer of the property to your father's name will be barred by law of limitation. Your father by not taking any steps to get the property retransferred to his name, has seemed to have given up his right in the property. Only way to settle the dispute is by mediation through some wise senior in your family so that interests of all concerned is adequately taken care of. Court cases will not achieve much and would perhaps increase bitterness between family members.

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258 votes

This property is your ancestral property not acquired by your uncles property. Without having NOC your uncle can not take it. Other legal heirs may supposed to file specail civil suit in civil court or ask for partition suit against that property

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