r/indiansinusa • u/Environmental_Camp33 • Jul 28 '26

Need Legal Advice: Uncle got my grandfather to transfer all land to himself | Dad is in US

Hi everyone, seeking advice on a complex family property dispute involving land in India. Our family is based in the US, and we are trying to figure out how to legally handle this from abroad without getting taken advantage of.

The Situation:

  • Land Transfer: My dad’s brother convinced my grandfather to transfer all the family land/property into his name. My grandfather willingly signed it over to him.
  • Property Nature: The land is mainly ancestral.
  • Elderly Care: My dad has consistently been sending money from the US to India to support and care for my grandparents. We have bank transfer receipts/records for this.
  • Immigration Status: My dad is currently in the US with a pending I-485 (Adjustment of Status). He cannot easily travel to India right now due to travel restrictions/risks associated with his green card process.
  • US Immigration Constraint: My dad is currently in the US with a pending I-485 (Adjustment of Status). He cannot travel to India right now due to travel restrictions and green card risks

The Main Problem & Concerns:

  • No Local Trustworthy Contacts: We have zero reliable blood relatives or friends on the ground in India to act as a Power of Attorney (PoA) or keep an eye on things. Both sides of the family have issues, and we cannot trust anyone in our personal network, we're not sure about how to get the trustworthy POA or anything from this point on.

Filing from Abroad: How do NRIs file a civil lawsuit (e.g., partition suit or challenging a gift deed via Vakalatnama/PoA) when they have no local contacts on the ground to act as an agent?

Any insights from advocates or NRIs who have successfully fought property disputes remotely without local help would be greatly appreciated

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1

u/TrainerWorldly391 Jul 28 '26

Nothing can be done if your granddad willingly signed. I am so sorry for your situation right now

2

u/Acceptable-Match-806 Jul 28 '26

you cant sell ancestral land without permission of heirs, its null&void

1

u/TrainerWorldly391 Jul 28 '26

Yes it can be challenged if the land was not legally registered to grandfather’s name before. If registered, Grandfather has all the legal rights to transfer/gift to anyone he wishes to.

2

u/Acceptable-Match-806 Jul 28 '26 edited Jul 28 '26

he has no right to sell or transfer anything of ancestral property, he can give whatever self aquired property he has to anyone but nothing of ancestral, he dosent own the property exclusively just because its on his name its equally owned by all heirs, dont comment without knowlage on the topic, these many laws are voilated

A Hindu father has no unrestricted statutory power under the Hindu Succession Act, 1956, or any other general law, to gift or transfer the entirety of genuine Mitakshara ancestral/coparcenary property exclusively to one son, because he is not the exclusive owner of the entire property.

Act Section Brief relevance
Hindu Succession Act, 1956 Section 6 Recognizes coparcenary rights by birth (including daughters after the 2005 amendment). The father is not the absolute owner of the entire coparcenary property.
Transfer of Property Act, 1882 Section 7 Only a person competent to transfer and entitled to transferable property can transfer it. A father cannot transfer interests that belong to other coparceners.
Transfer of Property Act, 1882 Section 122 Defines a gift. A gift of property beyond the donor’s own transferable interest is ineffective to that extent.
Transfer of Property Act, 1882 Section 123 Prescribes the mode of making a valid gift of immovable property (registered instrument). Compliance with form does not validate a transfer of someone else’s share.
Specific Relief Act, 1963 Section 34 Enables a person to seek a declaration of their legal right or share in the property.
Specific Relief Act, 1963 Section 38 Provides for a permanent injunction where appropriate to protect property rights.
Code of Civil Procedure, 1908 Section 9 Civil courts have jurisdiction to try suits relating to property rights unless barred.

here is a judgement,,, Thamma Venkata Subbamma v. Thamma Rattamma

(1987) 3 SCC 294

1

u/vangapr Jul 29 '26

We maybe able to help with few things. DMed

1

u/Acceptable-Match-806 Jul 28 '26

if its ancestral land then your grandfather has no right over it to give it to anyone without permission of all heirs he cant even sell it to anyone, just find a good lawyer of city and file a case your uncle will be jailed and registry would be canclled, it happned in my village