b.sreenivasa Rao (Legal Services) 10 January 2009

Is there any Right for the sons whose father had House (own property) stands in the name of his. ?

Is there any Right for the sons whose father had House (own property) stands in the name of his. ?

I don't want to expose the jurisdiction of the Court which was happend. But I can say it had happend at Andhra Pradesh Area, in the jurisdiction of Warangal District area.

That Honb'le Court Illegally sold the Dwelling house. Without giving NOtice to the rightful owner. The court people thrown away the dwelling house properties i..e, all the utensils, furniture, general items, gold, cash, almariah etc., on the road side. The properties are lied on the road for a period of 6 months.

Whether the properties should be kept under court custody or not.?

Is the Honb'le Court is empowered to Sale the Dwelling House without the consent of Rightful owner. Is the Court i.e, JFCM or Civil Judge having right to register the property to the purchaser without the rightful owner signature.

If the rights are there then The courts in India can catch the scammers, frauders etc., who are having properties and sale those properties and save the India from those frauders etc.,

First of all I want to know whether the property sold to purchaser on what basis he his residing at that illegally sold house by the Court. How the court can register the property (Dwelling house) on his name (purchaser).

At present the purchaser is residing in the dwelling house and he his enjoying as equal to rightful owner of the dwelling house.

I think court might have mingled with the purchaser and sold the dwelling house to him.

The rightful owner has three dependent sons who are educated. The sons don't have the rightful ownership of his father's property. The Court exceeded the powers.

Please if any person gives my clarification I will be happy who can shows mercy on that bereaved family who are the road who don't have shelter.

First of I have to get clarification that Dwelling properties worth in lakhs has looted like robbers and thrown away on the road without keeping custody of the court.

How the family have to survive.

Courts are there for protecting man from civil or criminal activities done by other persons. If the same courts are doing criminal activities on that bereaved person, then where should he go for justice.

LAW IS ON THE ROAD. - PROPERTY IS ON THE ROAD.

Since 8 years the rightful owner is fighting with the Court but no other judge is giving justice. Not showing justice.

If the same formula implemented by the Courts in India we can get back all the properties illegally acquired by the land grabbers, scammers, politicians, businessman who are illegally acquired or having benami names.

Then courts cannot take years of time to dispose off the cases in trial and within months illegal judgements can be given and sale away all the properties of those persons.

Please if my colleagues or friends who can give me the correct reply I will be happy.

srao

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2 Replies

Ajay kumar singh (Advocate) 10 January 2009

Every wrong may be corrected. Please give full details of the case. Under what circumstances the properties were sold?

AEJAZ AHMED (Legal Consultant/Lawyer) 11 January 2009

Dear Sreenivas,

Exactly, you are having full rights over the property of your father, if it stands on his name in Records.

But, Your question itself not clear:

(i) What about Your Father, is he still alive ?

(ii) what is the " Nature" of the case against the Property in question?

(iii) Who are the parties to the Suit in question?

(iv) Whether, you contested the suit as a Rightful Owner?

(iv) Who was in Possession during the Pendency of main case?

These are the some question you please clarify first of all, or otherwise provide details about the Suit/case and the present situation of the case.

If, you are now objecting against the Present Purchase as a Rightful Owner:

(a) Didn't you objected for " Non Service of Notice " on you ?

(b) Didn't you objected while the Court Bailiffs Vacating You along with all of your Household articles ?

There is some "DOUBTS" on the following questions:

(i) Without giving NOtice to the rightful owner. The court people thrown away the dwelling house properties i..e, all the utensils, furniture, general items, gold, cash, almariah etc., on the road side.

(ii)The properties are lied on the road for a period of 6 months.

(iii) Is the Honb'le Court is empowered to Sale the Dwelling House without the consent of Rightful owner.

(iv)Is the Court i.e, JFCM or Civil Judge having right to register the property to the purchaser without the rightful owner signature.

WHAT DO YOU MEAN BY (1) " WITHOUT THE CONSENT OF RIGHTFULL OWNER" (2) " WITHOUT THE SIGNATURE OF RIGHT FULL OWNER"

With regard to clarification of your questions:-

(a) Yes, Court is having full rights ot " SELL" the Property, but as per the procedure provided under the law:

(i) After Final Decree;

(ii) If there is no appeal from the Judgment Debtor against the Decree Holder;

(iii) After filing of the Execution Petition by the Decree Holder;

(iv) If there is no objection from the Judgment Debtor against the Execution Proceeding;

(v) After the Order of the Execution Proceeding of Decree.

(vi) On the Petition/Application by the Decree Holder for the Sale/Auction.

(Vii) After filing of the above application for Sale/Auction, if there is no objection from the Defeated party/Judgment Debtor, then " COURT CAN GRANT CERTIFICATE OF SALE " in favour of the "DECREE HOLDER ".

(viii) Then, the Holder of such Certificate/Court is having full rights to Vacate the Possessor/Defeated party from the Property in question.

(b) While Vacating the Possessor of the Property as per above, if there is any Proceedings still pending in the Court OR in the absence of the Possesor in the "Premises/Spot", it is duty of the Court/Court Bailiff to take the "CUSTODY" of the Household Articles.

So, Please provide the complete details of your case, and who are you that case.