Wife partitioned her maternal property

[Srinivas G M]

Sir
I am a widower my late wife owned property by her maternal partition in year 1998.This partition was effected into mutation the public document in year 1998. Her brother and sister have sold their partitioned property’s.This partion occured prior to our marriage.
The said partition is unchallenged up to date. My wife expired on 04.06.2018.
we have no issues by our wedlock.
With out to my notice and consent her brother has transfered first to his mother and after killing her he has transfered the property to his name and sold the said property. He has also suppressed the existence of another live sister and stated that my wife was unmarried.My wife was a Government Servant who died while on service.Family pension and other has been granted to me by the Government of Karnataka.
Please guide me what to do further

[Dr. Ashok Dhamija]

The facts mentioned by you point towards a fraudulent transaction conducted by your brother-in-law. Depending on the detailed facts (which I am not aware of), this may perhaps amount to an offence of forgery, and may even amount to an offence under Section 467 of IPC (467. Forgery of valuable security, will, etc.), which may be punishable with a maximum imprisonment for life or up to 10 years.

Consult some local lawyer with full details of your documents and other facts. And, if so advised, you may also consider filing an appropriate civil suit for annulment of the transfer of the property, which appears to have been made by fraudulent concealment of material facts.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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