Property case
gaurav khurana
(Querist) 27 February 2013
This query is : Resolved
in 2008 my dad sale the property to my sister with registered sale deed. my dad had transferred the property to my sister to deprive me and my mother from their legal right.this is 2nd marriage of my father and mother. my father have one girl child from the previous marriage but my mother had no kids from her previous marriage. my step sister married to a muslim boy.from the frist day of marriage the behavior of my dad was very cruel and he treated to my mom not less than an animal and forced her to work night and day in his own factory.my step sister married to a muslim boy and has been living with us in the same property.at the end of 2008 my sister fill the case against me and my mother for recovery of possession, damages, mesne profits and electricity and water charges. in karkardooma court.our base line is that the suit property is ancestral property and have no right to my dad to sale without permission of me and my mother.the real fact is it is the family settlement. prior to the family settlement the suit property was in the name of harnarayan khurana(brother of my dad) and another property was the name of late ch. ram khurana(father of my dad) as per family settlement the suit property and a small portion in the other property was given to my father.the same settlement was done in front of all family members.now all the evidence are closed.but my uncle jinke name par pehle ye suit property the unhone evidence karne se manna kar diya kyoki unka kehna hai ki maine ab sare paper reand kiye hai or usme to family sellelment k bare mai kuch nh likha jo ki mere dada ji jane k baad hui. balki unhone bataya ki us time jab mere dada expire huhe tab ek paper banvaya gaya jiske according mere papa or unke bhaiyo ne sari property meri dadi k naam kar di or likh diya ki hame apna share nh chaiye. but 2 days baad ek or paper bana jiske according mere dad or unke bhaiyo ne property meri dadi se purchses ki or unhe amt. b pe kiya jabhi real fact ye nahi h. but ab mere uncle dar gay h or unhone evidence se manna kar diya.i know i m very late due to my alll previous advocate.my sister in collusion with my father and dad play main role in the whole episode.because he do not pay any single peny to my and my mother.mere pas koi supported paper nh h relating to property but haa jo case ready karke meri sister ne fil kiya uske commonets ko wrong prove kar sakta hu jo evidence hui meri sister ki vo sab galat thi use wrong proof kar sakta hu with papar evidence.ye sara case pre planned hai or real fact nh hai ise proof kar sakta hu with paper evidence. but problem is that ki mai ab step back kaise lu ... or mujhe ab apne case mai kya karna chaiye..
Anirudh
(Expert) 27 February 2013
Everything will depend on the question as to how do you say that the property in question was "Ancestral property".
What documentary proof that you have?
Give some details.
ajay sethi
(Expert) 27 February 2013
answer quries raised by anirudh
gaurav khurana
(Querist) 01 March 2013
according to paper it is self creatsd property. par real fact nh h initial this property was in the name of my uncle but jab mere dada ki death hui that time there is two property frist is suit property and another one. the suit property was in the name of my uncle and another one property in the name of my grandfather. nad at that time my father and my 2 uncle dicided that ki hum frist sari property apni maa means meri dadi k name par karte hai ki hume is property se koi link nh hai fir hum is property ko apni mom se purchase ki hui dikha dete h to ye sari property hamari self ho jaygi or unhone is tarha paper banvay or suit property jo ki pehle mere uncle k name pe tha vo mere dad ne unse puchase show kiya jabki real fact ye nh tha ye sirf paper mai show kiya gaya ab mere dad ne us property ko meri sister ko sale kar diya sirf isliye ki meri wife or son ko kuch na mile. ye sale b sirf paper mai show ki gai jabki koi transachtoin nh hui
gaurav khurana
(Querist) 01 March 2013
1 according to case paper and according to my sister evidencing my father vacated the suit property in 2009 but i have the proof that my dad till today reside that propery. sirf court mai ye kaha ja raha h ki property sale karke vo ja chuke hai.
2.according to paper my dad said to my sister that he had not been able to search for an appropriate accommodation for residence and requested to let him and his familyin one room in the property and my sister was agreed for one room on license basis. and my sister said according to paper she put locks other rooms. and after one month my dad called to my sister for vacant peaceful possession but she discoverred that i am broke the lock and open the one another room situated on the frist floor. it is also wrong i have a proof thak ki mai us room mai starting se reh raha tha or continus us room ko use kar raha tha
proof;
for point 1; i have some photograph of my dad, new voter i card, new ration card, which show that my dad still live in the suit property
for point 2; police verification which show that i m not broke any lock in the suit property after sale
i have the report of women cell that shoe that my dad is not want to give any amt to his son and wife.
my sister is said that she was purchased the property with the help of property dealer and also said that the relation of me and my dad is too gud...
according to me jo amt show kiya gaya h sale ka vo proper manner mai nh hai ek payment to 2006 ki show h i will show exact frist payment 82115 cash in 17-4-2006, 55396 cash in4-3-2008, 100000 cash 5-4-2008, 9000 cash in 7-5-2008, 100000 cash 10-6-2008 then cheque 100000 and 350000 in 28-7-2008 total amt is 910000 bur at that time market value of property is 6000000. mujhe ye samaj nh aaya ki property deelar ne ye kis tarha ki deel fix ki.
gaurav khurana
(Querist) 01 March 2013
i have no documentary proof to show that it is "Ancestral property.
Anirudh
(Expert) 01 March 2013
When did your grandfather purchase the property?
When did your grandfather die?
gaurav khurana
(Querist) 01 March 2013
my grandfather purchase the property at 18 jan 1982 in the name of my uncle.
in 1994 my grandfather die
and in 1996 the sellelment was done between three brothers with gpa
Anirudh
(Expert) 03 March 2013
The property in question is 'personal property' of your father. He can do whatever that wants to do with the same. Nobody can question his actions.
gaurav khurana
(Querist) 03 March 2013
if my alll uncle accept that ki ye papars bane the sirf but real mai sale purchase nh hui then is it any option?????? or any other way to prove????
Raj Kumar Makkad
(Expert) 03 March 2013
Ye property kisi bhi tarah se ancestral to nhi hai aur aapke pita ji ki personal property hi khi jayegi isliye vo jaisa chahin iska istemal krain.
gaurav khurana
(Querist) 28 April 2013
hello sir ... there is a problem . maine apne uncle ke evidance k liye application di thi court ne accept b kar li with 3000 cost k sath uske baaad pf file hone k baad b mere uncle nh aay or opposite party k advocate b nahi aay due to his family problem . aaj mai court gaya to 2nd party k advocate kehte ki 1 year ho gaya ab tak kai bar pf file ho gaya h but inke uncle nh aay and na inhone cost di. to is baat par juge ne meri applicatn cancle kar di or case final argument pe kar diya .. maine unhe samjhaya ki sir na to apne mujhe kuch direct kiya or naaa 2nd party k advcate last kis dato se to mai kise deta cost but juge to kisi ki b nahi sun rahe the .. applican is base pe cancle kar di ki maine cost nh pay ki ab aap batao kya karu mai//???
V R SHROFF
(Expert) 28 April 2013
u said "i have no documentary proof to show that it is "Ancestral property."
you v to produce it to win
gaurav khurana
(Querist) 28 April 2013
sir hum hardwork karke sirf evidance prof kar sakte hai or un logo ka evidance karva sakte hai jin logo mai ye property dispute hui or un persons ka jinhone us pe singh kiye bas.. baki or kuch nahi
