RADHA 27 February 2016

Kindly need ur advice lawyers urgently

Hi,

My father had bought a property in 1989 in chennai, At that time he could only register the power of attoney, the sale deed could not be registered he went back to mumbai to work. The revenue records as per adangal bears his name. All legal documents bear his name (electricity, water , property tax). he had given the land to my grandmother (my mother's mom) to stay there for the time being. After some years my uncle (mom's brother & wife) moved in saying that he s married and dont have any house to stay.This went on for years.he said that he will immediately move out of the house..once my parents come in. Recently in the year 2010 when my father planned me to get married, he told them to vacate the house. All were ready but my uncle and his wife along with the local support assualted us (we got a first injunction order from court) but could not do anything. He has local political support. Our advocate advised my father to go back to mumbai. He came back with a case running in the civil court.My uncle bribed our lawyer. and the case was declared exparte. We were unaware of that. we came to know after 1 year. After that we changed our lawyer and decided to go with other lawyer. The lawyer got a second injunction still we remained unsuccessful in getting him out. Now he has changed all the documents under his name and trying to assualt us through local goons to withdraw the case. We tried our best so that he could not register the land. But he has registered the land in 2014 saying that is was granted to him by his father and executed a family settlement showing his son as legal heir. Our lawyer tried to get a permanent injunction but could not get it from the judge. We are trying to have the case under trial but nothing s happening. The application of patta for the said land was granted to my dad but patta could not be issued as it is under litigation. But my uncle with his political sources has also got a patta...We dont know what s wrong ...nothing is coming out..lawyers please help........

Your help will be a kind advice..

Thanks

Radha

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4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 28 February 2016

Sir, The catch here is file a police complaint for cancellation of the registration and seek the deeds cancelled on the ground of fraud and forgery .... Civil cases will not be of much help here .... Warm Regards Kapil Chandna Advocate 9899011450

Anish Thakur 7018812737 (advocate) 28 February 2016

If during the pendency of the suit and ad interim injunction any document is registered regarding the suit property can be cancelled and also contempt proceedings be initiated gainst the other party .

Vijay Raj Mahajan (Advocate) 28 February 2016

Corruption at its peak in TamilNadu with political influence your case took such a turn. Better move higher court for relief by setting aside all orders made by subordinate court and other departments.

RADHA 02 March 2016

Thank u Sir's for your reply on this...further...to add on I enquired with the register office here ...they say they had reg with the exparte order and with the tahsildar petition that he can register the land...I got a copy of the deed...Also i tried to verify the power of attorney that my father got on this land in the year 1989 is still active in their records.... They are telling me to get a stay order from the other for cancelling the registration deed

My dilemma is whether the power of attorney can now be transferred on my name also can i file a suit again on my uncle since his father got this land from government and there is no sale executed on him before ...how can this land be settled on only his son's name because I (and my two other siblings) are also his grandchilden