FALSITY OF PROPERTY DOCUMENT

Publishes by The Daily Star on December 24, 2011 (Link Here)

This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, ‘Legal Counsel’, which has expertise mainly in commercial law, corporate law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. Our civil and criminal law experts from reputed law chambers will provide the legal summary advice.

Query To record his own bought properties Mr. Alamin gave documents to his friend Mr. Wahid. Mr. Wahid put his name in some parts of deed without the knowledge of Mr. Alamin. The matter remained unresolved and in the meantime both of them died. The son’s of Mr. Alamin (there were seven sons) challenged the validity of the document made by Mr. Wahid and prayed to annul the document on the ground of falsity. They got the verdict in their favour and regained the properties. This time they made a document in the name of another reliable person Anis. The eldest son of Mr. Alamin made a deed in his own name from that Anis with the promise that he will divide the properties in free of cost among his younger brothers. In contradiction to his promise, the elder brother records the entire properties in his name leaving his brothers in the dark. He is now refusing any other’s share in the property. He is fraudulently representing that he had bought the entire property at Tk. 25, 00,000 from Mr. Anis. In the meantime Mr. Anis died.

I want to know from the learned Advocate that what avenues are open to other brothers now? How can it be resolved? Please provide me a solution

Anonymous

Response I would like to thank you very much for your queries. From the given facts it is appearing that the queries are related to property matters involving Instruments (i.e. deeds) and also the inheritance of the same. As far the making of the deed in favour of the eldest son is concerned, it is possible to challenge the validity of the aforesaid instrument by way of filing a suit for cancellation of instrument. In addition, recourse is available to the other brothers for going to the court in order to have a declaration as to the title in their favour. In addition, as far as Muslim law of inheritance is concerned, it may be possible to file a partition suit in the Court in order to ensure equal distribution of the property. Concerning the issue of fraudulent representation involving TK 25 lacs, the other brothers should ask for the documents from the elder brother. In case there is any such document, the validity may also be challenged before the Court.

However, it is advisable to consult a lawyer with all the relevant documents as scrutiny of those documents may give rise to forums for more cause of actions to arise. But I always advise to settle disputes (particularly related to properties) amicably as litigation is always burdensome for the parties and involves wastage of valuable time and money. Therefore, the other brothers should negotiate and try their best to achieve a peaceful end to the problem.

I hope the aforesaid opinion will help you to take a step forward in bringing an end to the problem.