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Author Topic: Property fraud  (Read 104 times)

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Offline VP

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Property fraud
« on: November 09, 2016, 09:15:00 AM »
I have bought property for my mother around two years ago on bank loan and repaid all in 2016. I am joint  holder with my mother and purchased for my mother so she can stay in better place and on ground floor.
I have invited my mother to London this summer. she thinks I have lots of money and threatens me to do suicide in London unless I pay 5lacks to her. I refused and sent her back to India.
I want to understand my position on this as I fear that the property could be sell to gain money using fraud by my mother/relatives.
I don't want to sell as she can stay in property but I fear she might sell this.
How to protect my property?
How I can make sure that property is secure and it will not be sold without my personal signature.

Please advise me.

Offline adv.amarnath

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Re: Property fraud
« Reply #1 on: November 10, 2016, 12:17:19 PM »
How to protect my property?
How I can make sure that property is secure and it will not be sold without my personal signature.

As far as you are joint holder (co-owner) of the property she cannot sell that property to third party without your consent. Yes, she can sell out/ gift her half undivided share of the property to her wish but your half will be secure all the way.

Now, if you are too insecure, then you can file civil case and get injunction order not to sell out or transfer the concern property. You can also get back the entire property in your name.

For further clarification and consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline VP

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Re: Property fraud
« Reply #2 on: November 11, 2016, 03:39:09 AM »
Hi Amarnath,

Thank you for your response.

I have no plan to acquire entire property.
I am happy for her to stay in property for as long as she want to stay.
and I don't mind whatever she do with her share.

I also know that she is not in good state of mind and people/relatives around her is exploiting her conditions.

I want to make sure that My share of property should not be sold without my consent as I know fraud in India is common by relatives.

Regards,


Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Re: Property fraud
« Reply #3 on: November 11, 2016, 10:43:31 PM »
If you are concern with your own share then legally your mother cannot transfer your undivided share but if she wrongly represent herself before the Registrar's office that she is sole owner then your share may be transferred illegally. Law cannot assure you. On that situation you have to initial civil cases and it will take time. For safe side you can get an injunction order from civil court not to transfer your undivided half share of the property. "Prevention is better than cure"
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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