Joint property
B Singh
(Querist) 11 January 2013
This query is : Resolved
Joint property after the parents were transferred to all members as per revenue record during the year 1998. But one brother filed civil suit (Permanent Injuction)in the year 1999. He filed civil case injuction on the basis by producing simple affidavit of year 1982 that allegal heirs have signed that that the said property is his. Although the court has given stay on this matter and ordered that nobody can sell the said property. My query is that when as per revenue records the property has divided on all legal heirs in the year 1999 and now my brother has produced simple affidavit of the year 1982 (after 17 years) is not this a time barred. Moreover the affidavit is simply attested from notory who name and number is also not mentioned and from which stamp vendor he had produced in the years 1982 it's record is also not found with the stamp vendors now. Please advice
prabhakar singh
(Expert) 11 January 2013
By Such a document(unregistered & only notarized affidavit)no interest in immovable property could legally pass.Interim injunction passed on basis of that document does not hold legal soundness and must be challenged by appeal.
B Singh
(Querist) 11 January 2013
My advocate informed me about the interim injuction by the court after 4 months. Can now I apply for appeal.
ajay sethi
(Expert) 12 January 2013
yes go in appeal . since you have not been served with a copy of proceedings you can take the plea that you were not served with the suit proceedings and was not aware of the injunction order
Advocate Ramesh
(Expert) 12 January 2013
you have two options regarding this. No.1 is: you can file cma in the appellant court to vacate the injunction. No.2 is: if you filed written statement and if the issues are framed, then filed advance hearing petition to take for speedy disposal of the case in the lower court itself. You have a valid point to success the case.
B Singh
(Querist) 12 January 2013
I have taken advice from another advocate and he replies that I had to also file counter claim and possession of the share in the court to claim the same. Please advice urgently what I shall do
Advocate Rajiv Mishra
(Expert) 13 January 2013
Mr. B Singh, revenue records are only for collectin tx purpose,Go for a declaration of ownership suit,
Raj Kumar Makkad
(Expert) 13 January 2013
Nothing to add more in the detailed discussion.
B Singh
(Querist) 13 January 2013
After the dead of parents the property has been transferred and mutation also done on all family heirs including me. But my one brother has taken the possession of the property. Now my advocate replies that only remedy is to file declaration suit for partition and possession of my share since the court has given interim stay on property for which my brother had filed injuction case and approved by the court. Do I need to file appeal to this also.
Raj Kumar Makkad
(Expert) 14 January 2013
The opinion of your lawyer is accurate and legal. File suit for partition and possession.
