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Keshav Soti   30 April 2024

Urgent: legal help needed - property ownership dispute

Dear Respected Advocates,

My name is Mandan lal From Jaipur and I am writing to seek your legal counsel regarding a property dispute with one of my brothers.

Background:

In 1959, my late father, purchased a property and registered it in the names of his three sons, myself (Madan Lal), my brother Rameshwar Lal, and our other brother, Dinesh Chand. We each hold an undivided one-third (1/3) share in the property. At the time of purchase, I was a minor, while my other brothers were adults.

Our father managed the property until his passing in 1997. Since then, the three of us managed the property jointly according to our respective shares. In 2010, we even sold a portion of the land and received the payment equally. There were never any disputes amongst us regarding ownership or management.

However, in 2010, Rameshwar Lal filed a lawsuit claiming that he purchased the entire property with his own income so there is no rights of other brothers in this property. We believe this claim is entirely false, and he has no evidence to support it. We successfully defended the case in court, and the court order issued in august 2023 clearly states that the property belongs to all three of us as joint owners. The court further stated that Rameshwar Lal's lawsuit was an attempt to wrongfully take control of the property.

Current Situation:

Despite the court order, Rameshwar Lal refuses to accept the decision and is now appealing to a higher court and taken stay order . We are determined to protect our rightful ownership of the property.

Request for Assistance:

We would like to have consultation with you to discuss our legal options in detail. We are particularly interested in understanding the following:

  • The strength of our case based on the existing court order and the lack of evidence on Rameshwar Lal's part.
  • The potential strategies for defending ourselves in the higher court appeal.
  • The possibility of pursuing mediation to resolve the dispute outside of court.
  • how do we vacate stay orders.

Thank you for your time and consideration. We look forward to hearing from you soon.

Sincerely,



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     30 April 2024

Since he has preferred an appeal and also obtained an exparte stay order, you first file a petition to vcate the stay.

After that you can challenge the same on merits and since the documents in your possession support your cause as well as your case, you may rely on them as wel as the judgment given in your favor and challenge their apeal strongly .

You inform your advocate to file a petition to vacate the stay immediately

Keshav Soti   03 May 2024

Thank you for your prompt response and assistance, esteemed advocate sir.

Your help is greatly appreciated.

P. Venu (Advocate)     03 May 2024

Any meaninful suggestion requires the perusal of the Judgment of the Trial Court as well the Memorandum of Appeal.

T. Kalaiselvan, Advocate (Advocate)     03 May 2024

You are welcome for your appreciations. 


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