Goa
I am taking my Uncle to courts to get the possesion of the property he is NOT willing to leave the property. He has the property in possesion for last 8 years. Without contract !.
First court hearing comming
His defence right now (according to some inside info between my lawyer and his lawyer) is that it was a trust in 2002. Indeed in the deed extract it mention, However no Trust Instrument/ Agreement of Time is found or anyone of the parties has one . This trustee man had oraly told my uncle after two years if not the money and the intrest rate of the property is paid it will be sold. Two years after it was sold to my mother and me.
2004
Me and my mother bought it back the property from the trustee for a high price cos of the high intrest rate
Property was transfered to me from trustee.
What is the defence my uncle can say in the courts to keep possesion of the property?
Can he still claim a intrest in the property cos he had pawned it in 2002 ? Even if the trustee unrightfully pawned it to me i am in a bona fide position cos the price i bought is way over the value of the property.
Would it help to speed this up , get the trustee to the courts and vitness for the judge that this was a 2 year agreement betwin my uncle and trustee ?
please advice !
