Spl. civil suit
Umesh Tasgaonkar
(Querist) 02 March 2012
This query is : Resolved
My father MS Tasgaonkar purchased a plot onthe name of eldest son by issusing cheques from his own bank a/c in 1986. Father died on 2004 & eldest son Vijay died in 2008. 7/12 extract had only Vijay's name & we have a bank cert. that SBI cheques issued were of my father. My bhabhi Shobha sold the property to some advocate ( We hear that, but he is not in picture)who bought the same on the name of 2 other person, as per 7/12 extract. 4 & 1/2 months before sell, I have files a Spl. civil suit under Lis Pendence & section 52 of TP Act. but the sale is done. My mother Parvati 83 is alive & ther was no consideration to her share. In fact It was HUF as we all stayed together for few years at the time of purchase. few people say sale deed can be cacelled & my advocate says that it cant. Come for settlement. I want every ones name on plot & cancell the sale deed. The buyer (as per my knowledge) is adv himself with unfair practices. Now I have to 2nd time pay court fee. as third party interest is created. Court has not yet given stay. My bhabhi Shobha says she has POA (1997) from Vijay to My father, as in 1986 plot allotted was not the same which was promised. My father had gone to Consumer court for this matter. Details of which are not available today. Only on plain paper my father has written the details of the case. Can POA be the proof that Vijay was absolute owner. What should we do to get the stay on the property? I suppose court desnot allow stay till complete hearing of defendants is over, but these rouges will keep creating third party interest & my old mother suffer monitory loss. Notices which were sent through court to My bhabhi had inadequate address, that I realised later as she kept on telling that I have not received any thing from court's balif. I had provided correct address. Now proerty is sold, sale deed is complete, but we want to cancel that as it is sold at 40% of market rate. As these arrogent buyers have purchased, my adv. has started to show negligence, ( This is what I & my ralatives feel). How can this happen? Suggest me. I will be obliged & greatful. Which are good private firms that can give legal advice & help on such matters. We may consider the same . Property is situated at Ahmednagar of Maharashtra. My cell no is 9370421484.
Raj Kumar Makkad
(Expert) 02 March 2012
As per law, the property purchased in the name of your brother by your father shall be treated as of your brother's self acquired and on his demise the same shall be inherited by your Bhabhi and mother.
It is very difficult to prove the mentioned property as of HUF but it can be thought of if gone in depth.
Kirti Kar Tripathi
(Expert) 02 March 2012
I agree with Mr. Makkad. The property shall be deemed to self acquired property of your brother and after his demise only legal heirs of your brother i.e. his wife, children and mother are his legal heirs.
prabhakar singh
(Expert) 03 March 2012
Wise advise by Mr.Makkad and I agree with him.
