Respected Sir,
We have a plot of 5000 sq ft with 1500 sq ft old constructed house which is our fore fathers property. As per old belif whole property shd be on the name of elder brother (my bade papa) while living and working together.
After saparetion of business bade papa left the property without devidation. While asking for the dividation they replyed to my father that you are having the possation, dont worry.
After the death of bade papa, their children has registered themselves (bade mammi+2 son+2 daughter) as owner of the proprty. And now not responding for the part of property on the contorary claiming for whole property.
We had filed case at district level, where they claimed that our grand papa had paid our part in cash. but my father was 8 yrs old at the time of grand fathers death, and the result was in our favour.
They challenged in upper court that, there were survey done by Nazul, that time my father was 22 yrs old, they could claim their part / name on paper , it showed you dont have any part in said property. Result was agaist.
Actuly that time my father was full time worker in our soda factory business, and all the decisions, payments etc was under my bade papa only, thats why the survey of Nazul was not in the knowledge of my father.
Now we have the possasion of whole property, Sir pl suggest me,
* Can i go to court agaist the possation of 70 yrs (my fathers age). Is there any provision?
* Or go to upper court with same case.
* Any other suggestions please....
R R Ajani
