My father passed away, leaving behind his house in Muzaffarpur, Bihar. My elder brother, facing financial pressure for my sister’s wedding, mortgaged the house to a money lender. This was 10 years ago. Unfortunately, he was arrested in a criminal case eight months later and is still in jail. The money lender, taking advantage of the situation, forged documents and has been occupying the house for all these years. He threatened me with violence when I protested. What legal action can I take to reclaim my father’s property?

Apni Law
Apni Law
Law Forum › Category: Property › My father passed away, leaving behind his house in Muzaffarpur, Bihar. My elder brother, facing financial pressure for my sister’s wedding, mortgaged the house to a money lender. This was 10 years ago. Unfortunately, he was arrested in a criminal case eight months later and is still in jail. The money lender, taking advantage of the situation, forged documents and has been occupying the house for all these years. He threatened me with violence when I protested. What legal action can I take to reclaim my father’s property?
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Apni Law Staff asked 1 week ago

My father passed away, leaving behind his house in Muzaffarpur, Bihar. My elder brother, facing financial pressure for my sister’s wedding, mortgaged the house to a money lender. This was 10 years ago. Unfortunately, he was arrested in a criminal case eight months later and is still in jail. The money lender, taking advantage of the situation, forged documents and has been occupying the house for all these years. He threatened me with violence when I protested. What legal action can I take to reclaim my father’s property?

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Best Answer

Apni Law Staff answered 1 week ago

You can file a civil suit for possession of the house against the money lender, claiming the mortgage was invalid due to your brother’s lack of capacity (being in jail) and the forged documents. You can also file a criminal complaint against the money lender for forgery, extortion, and criminal intimidation. The court will determine the rightful owner and order the money lender to vacate the property.

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