help needed!!!

Querist : Anonymous (Querist) 01 May 2010 This query is : Resolved
Respected sir
I am fighting a civil case against my paternal uncles regarding a property on the name of my grandma which she had given to me through a registered will duly signed by her
My uncles have spun a web arnd me and its difficult for me to survive it.
My grandma wrote a will in my favour.We are living in the said property.My uncles wen came to know abt this asked us to give them a portion of the house.We agreed in return of NOCs.They didnt give it to us so we refused.Then they went to the court.

During the case we came to know that they have another unregistered will signed by my grandma.But we have got it checked.The witnesses havent signed it in front of my grandma(ink test).Also the name of the will maker/notary isnt there.Our will stands all the scrutiny.

My dad is no more.And I am the sole earning member of the family.One more thing worth mentioning is that they made a appeal against the will after 12 yrs of it being signed and we have proof which says that they knew abt the signed will.They are feigning full memory loss regarding this which obviously is a farce.

They went for a one sided stay on the house 2 yrs back and they got it. Our lawyer fought for it and then the stay was rejected on the grounds of insufficient documents in favour of the plaintiffs.

The case proceeded in the session court and now its in the stage of the cross examinations and my uncles are continuously ditching the proceedings.They are NRIs.Half of the time they arent in the country and the remaining time wen they are they never show up in the court. We tried to use the ex-parte term in our favor.Because of that they came to the court once...showed their face and then again became unavailable. Within a month or two they again have to go back..We are damn sure they wont show up in court till then and then after going their excuse will be that they are out of the country.Again we will we hung in mid air.

Now they have even gone to high court to appeal against the removal of the stay on the house.If the situations turns real bad and again the stay is implied we will again be struck and this time for a longer period.

Hence I am planning to sell the said property and wanted to know the consequences "in detail" which I can face if I sell the said property. I want to have a through knowledge of the situations civil and criminal awaiting me in case I go ahead with this step.

They are super rich and I wont be able to afford the fees of both the courts for much longer.Hence want to get out of the said property but dont want to enter into more serious legal problems.

Thanks a lot for giving me your precious time.I am real depressed right now and your advice can go a long way to help me out from this mess. Awaiting your reply.
Regards

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Gulshan Tanwar (Expert) 01 May 2010
challenge them

n.k.sarin (Expert) 01 May 2010
Mr. anonymous, your case is much stronger then your uncle. you have no right to sell the property during pendency of the suit.You can get direction from the high court for day to day hearing or conclude the trial with in time limit.

Querist : Anonymous (Querist) 01 May 2010
thanks a lot sirs for your learned reply.
Even we dont want to sell the property as in that case we will be known as fugitives and we dont want that.

I would like to know the procedure as to how I can make the case time bound both in the session court as well as the high court.

And sir would like one more favor.Can you tell me the consequences if we sell the house which acts can be imposed on us.Can we even go to the jail?

I have also heard that if the property in suit is sold then the seller has to pay a certain portion of the amount at which the property is sold to the court.Is it true?
Thanks
Regards

Silabhadra Sastry Advocate (Expert) 02 May 2010
Mr.Anonymous your is a good case,instead of trying to sell ancestral property you may move the High Court for making one targeted period to finish up the case in lower court,which is normally done.In case of any restrain order against any party in court and the property is sold then they party may be sued for violation of court order,more over it is not advisable to transfer a property during lispendency of the case.Silabhadra Sastry,Advocate,Bhubaneswar,Odisha email-shastry.adv@gmail.com

help needed!!!

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