My father has 3 younger brothers so 4 including him. When the family split, all properties were split 4 ways. My father being the oldest, most of the farm land was under his name and he is citizen of united states. The farm land that was given to my father when family split had all 4 brothers name and two of my uncle’s (My father’s brothers) got my father’s name and younger brother’s name removed illegally from the land that is my fathers. Currently the two brother’s are saying they had nothing to do with the names being removed and there are no signatures in government record of whom requesting my father’s name.
Since my father lives in USA, the two brother’s who’s names are on record told my father they are willing to sign whatever documents required to get the land transferred to my father but once my father came to India, now they are not willing to sign saying first resolve other disputes other two brothers have in order for them to sign. Also the two brother’s whos name are on the land my father owns, they got their land transferred to their own name back in 2005 and government records show my father’s signature when my father was in USA not india so the signatures are not of my father. We don’t have problem with this since the land is their own but they illegally got someone to act as my father to take full ownership of their own land. Because of this, it makes me think they are responsible for removing my father’s name from the land that is my father’s.
Currently the land that is supposed to be my fathers, we have possession of it and it is leased to a family and they grow onions and has mango trees. I have following questions on this matter.
- What would happen in situation like this where names are removed illegally.
- Is one required to first get the two names that were removed so land ownership is all 4 brothers or can my father directly take ownership?
- What does the process look like and how long will it take?
- Does my father need to stay in india while the court case is in process if court case is required?
- If they agree to sign, what is the best way to move forward to get the property transferred to my father’s name only? My father is the oldest in 4 brothers. Currently paper work shows middle two brothers. Also grandmother is still alive and everyone knows this farm was given to my father when family split. The two brothers who’s names are on the farm continue to say the farm is my father’s and they will sign required documents but only after other disputes are resolved.
thanks a lot for your guidance.