Ancestral property
Joseph
(Querist) 19 November 2012
This query is : Resolved
Can any once file case without any documentry proof of owning the property by him or his ancesters.
Or can a family member file a case against other member without any documentry evidence of ownership
Here is a case , where my father purchased a land some 14Yrs back , And the land is regostered in his Individual name , Today when i am intending to sell that land which other wise my uncles where utlising the yeild without any ownership, They have approached the hon' court saying that the land belongs to there father and not to him ( My father).They have no evidence or legal doc. I have a register agreement between the seller and my father .
Devajyoti Barman
(Expert) 19 November 2012
At the time of fling a suit, documents are not needed but surely during trial one needs to file documentary evidence to establish one's title in the property.
V R SHROFF
(Expert) 19 November 2012
On filing civil suit in court, you have to submit a LIST OF DOCUMENTS you rely upon. The Documents must be listed there, as it's production later on can be objected.
Even Xerox copy will do. It is advisable to include all Doc in List.
Joseph
(Querist) 20 November 2012
My query is that what document they produce in the court of law to claim there title is a plainletter that my father agreed upon to allow them to do cultivation and use the yeild for there well being on humantarian grounds has also sold a pieace of land within the holding around 12Yr back ( Actual land Purchased was 18Acre Sold to Two Diffrent brother with valid Sales Deed Is 4Acr I,e 2 Acre Each againt which they have made us payment and the remaining 14Acre is under my father's name)Now since my father family has 5 Brother's in total the other 3 are up in arms asking for the same from my father land holding which i intend to sell off to a third party , .......Will that stand against us in the court of Law. And does that letter that allow them to use the land for livelyhood be treated as ownership.
Dear Shroff Sir,
I have submitted all Orignal Documents Like sales agreement in favour of my father and the seller, Paid Tax recepit till date & Maps 712 extacrt in the court already.And the Copy of the sale deed of the land sold to 2 Brother's 11yrs back
V R SHROFF
(Expert) 20 November 2012
You have to defend, and see that they do not get STAY ORDER under Ex-5. Otherwise you cannot sell it till the case is decides, and it will take years.
You agree that possession is with them ..
If you show, possession with you, it will help you. Otherwise it will be a long battle.
Joseph
(Querist) 22 November 2012
Sir ,As mentioned have submitted the Orignals to my lawyer , They have send a notice to me and 2 Brother's whom my father sold the property and to the Outside buyer, Can you Pls explain me wht is Stay order under Ex-5 , Currently since last couple of years the 14 acre land is in my possion and we had taken an agriculture loan for cultivation on the same so actvity wise the possession in with me .
I will be thankfull if you can guide me with the kinds of Stays one can take in these senario's .
V R SHROFF
(Expert) 22 November 2012
it can be in form of Maintaining Status Quo: Keep it as it is, .
Or restraining you from entering, possession, selling or creating any third party right , interest of title in property.
ajay sethi
(Expert) 22 November 2012
agree with mr shroff
Joseph
(Querist) 23 November 2012
Sir How Strong a chance do i stand with all deed and tax recepit in my father's name to vacate the Stay, And wht are the other precaution i should ask my lawyer to persue for not allowing them to go for any further legal course , And since the document they have produced in the court to bring a stay on sale in on a plain paper how authentic will it be standing againt a legaly registered document with the Old Seller and my father 14yrs back , And the tax paid by my father since the begning till date and no objection raised during the time of sale to the other two brother's 12 yrs back when my father willing & in legal process sold part of the land holding. Can i raise that why was stay not taken at that point of time if the same was a property owned by my grandfather and since there is not even a single document i am aware in my grandfather's name , Since the land was purchaed after some months or almost a yr after his death.
Joseph
(Querist) 27 November 2012
Pls Guide me , I am sure this form shall not disappoint me , and clear my views !
Raj Kumar Makkad
(Expert) 02 December 2012
Your documents are perfect compared to the documents of your opponent as told by you so move ahead.
