If you are stuck in such a situation, here is what to do.

Mr. Alok’s father passed away in 2001. On the very day of his demise, his uncle, Mr. Verma, approached his grieving mother and deceitfully had her sign several blank papers. For nearly two decades, the family remained unaware of the full extent of the assets left behind by Mr. Alok’s father. In 2019, a partial division of the family assets took place, but it only included the properties that Mr. Verma chose to disclose. Mr. Alok strongly suspects that his uncle has concealed significant properties and is now contemplating using the Right to Information (RTI) Act to uncover the truth about his father’s complete estate. However, he is unsure about the process and its effectiveness in such a situation.

Advice in such cases

This is a classic case of suspected fraud and concealment of ancestral property. The act of making a grieving person sign blank papers is highly suspicious and can be challenged in court. While the passage of time is a factor, the discovery of potential fraud in 2019 provides a fresh starting point for legal action. An RTI is an excellent first step for gathering evidence, but it is not a solution in itself. It is a tool to acquire official records which can then be used to build a strong legal case.

• Gather Preliminary Information: Before filing an RTI, try to collect as much information as possible, such as your father’s full name, last known address, and any details about potential properties you might have overheard or known about.
• Understand RTI’s Scope: The RTI Act can only compel public authorities (like the Land Registry Office, Municipal Corporation, or District Collector’s office) to provide information they hold on record. It cannot force your uncle to disclose information, nor can it resolve the property dispute.
• Act Swiftly: Legal rights, especially in property matters, are often subject to limitation periods. Delay can be detrimental to your case. Since you discovered the discrepancy in 2019, it is crucial to act without further delay.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This situation involves a mix of civil laws and information laws. If fraud is established, certain criminal laws may also apply.

• The Right to Information Act, 2005: This is the primary law you will use to request property records from various government departments.
• The Indian Succession Act, 1925: This Act governs the rules of inheritance for different communities in India. Your right to your father’s property is established under this law.
• The Registration Act, 1908: All property transactions must be registered under this Act. The Sub-Registrar’s office, where deeds are registered, is a key target for your RTI application.
• The Limitation Act, 1963: This Act prescribes the time limit for filing a lawsuit. Generally, a suit for recovery of property must be filed within 12 years. However, in cases of fraud, the limitation period starts from the date the fraud was discovered. You would need to prove that you only became aware of the potential fraud in 2019.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If your uncle’s actions involved cheating or forgery to transfer property, sections like Section 316 (Criminal breach of trust) or Section 318 (Cheating) of the BNS could be applicable, turning a civil dispute into a criminal one.

If you are the complainant

As the person seeking justice (Mr. Alok in this scenario), you need to be proactive and systematic.

• Draft Specific RTIs: Do not file a vague RTI. File separate, specific RTIs to the Public Information Officers (PIOs) of the Sub-Registrar Office, the local Municipal Corporation, and the District Land Records department in the areas where you suspect your father owned property. Ask for certified copies of all properties registered in your father’s name.
• Gather All Existing Documents: Collect your father’s death certificate, your own identity proofs, and any papers related to the 2019 asset division. These will be crucial for your lawyer.
• File a Civil Suit: The information obtained from the RTI will become your primary evidence. Based on this evidence, your lawyer will likely advise you to file a civil suit for partition, declaration of title, and rendition of accounts against your uncle. This lawsuit asks the court to divide the property rightfully and force your uncle to account for any income derived from the concealed properties.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are in the position of the uncle (Mr. Verma) and are facing such allegations, you must prepare your defense.

• Respond to Notices: If you receive a legal notice or a court summons, do not ignore it. Ignoring it can lead to an ex-parte decree against you, meaning the court will rule in the complainant’s favor without hearing your side.
• Gather Your Evidence: Collect all documents that support your claim to the property and prove that the division in 2019 was fair and complete. This could include sale deeds, gift deeds, or a family settlement agreement.
• Document the 2019 Settlement: If the 2019 asset division was documented and signed by all parties, it will be your strongest piece of evidence. If it was an oral agreement, it will be harder to prove.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Property disputes between family members are primarily considered civil matters. The police are often reluctant to get involved.

• Initial Reluctance: If you approach the police, they will likely direct you to the civil court, stating that it is a “civil dispute” and not a criminal one. They generally do not register an FIR for such issues.
• Involvement under Court Orders: Police may get involved if a criminal court, upon reviewing a private complaint, finds that a prima facie criminal offense like forgery or cheating has occurred. The court can order the police to register an FIR and investigate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• Limited Role: Even if an investigation begins, the police role is to investigate the criminal act (e.g., the forgery), not to decide the ownership of the property. The property title will still be decided by a civil court.

FAQs people normally have

What evidence is required?

To build a strong case, you will need a combination of documents and testimonies. Key evidence includes:

• The father’s death certificate.
• Certified copies of property records obtained through RTI applications.
• Any documents from the partial asset division in 2019.
• Witness testimony, especially from the mother who was made to sign the blank papers.
• Proof of the fraudulent signatures, if a forensic analysis can be conducted.
• Any communication (letters, emails, messages) with the uncle regarding the property.

How long will the investigation take?

The timeline varies significantly depending on the legal path you take.

• RTI Application: By law, the Public Information Officer must respond to an RTI within 30 days. However, appeals and non-compliance can cause delays.
• Civil Suit: A civil suit for property partition is a lengthy process. Given the backlog in Indian courts, it can take anywhere from 5 to 15 years, or even longer, to get a final judgment, especially if the case is appealed to higher courts like the High Court and Supreme Court.

Advocate Sudhir Rao, Supreme Court of India