Property disputes !!!
Sachin
(Querist) 19 September 2013
This query is : Resolved
Hi,
I am staying in pune (pimpri chinchwad) area, in around 1988-89 my father got to know that PCMC is launching small housing project for lower income category near by his factory. so my father had applied for land for his brother. simultaneously he was also searching land for ourselves because we also staying in rented house. but what happened is his brother had not paid any single penny to PCMC for the land because grand mother and brother said that i will not shift there because it is too far from the main city and from my office.
So my grand mother suggested to my father you please pay the all charges/taxes of PCMC and give some amount to your brother and construct the house and then you can use the same. so as per their discussion my father had done all the required things. The main thing what happened at that time due to undivided family my father was not worried to transfer the legal documents to his own name. but after few year my grand mother and his brother was died, Now almost after 24 years my aunty and her daughters are claiming that we want our house back and accordingly we have file the police complaint against you.
All our relatives are know about this transactions that my father had paid all the amounts to his brother. We already requested them not to do such types of things with us because they know what was happened that time, but even they don't want to listen to us. All my dear friends please help/suggest me how to handle/tackle and resolve the issue.
Sachin
Advocate Ramesh
(Expert) 19 September 2013
You can claim adverse possession.
Sachin
(Querist) 20 September 2013
Thanks a lot for your reply sir...
Just yesterday consult with local lawyer about all the true facts. He suggested us we will not to do anything right now, will wait till any further action taken by them, since only they informed us to vacate and give us our things back and only they informed us we had complained against you in police for the same.....other words i feel lawyer want to see are they only playing and just scaring to us???
My further question is can we wait for any notice from court or any action?..... Most important for us sir can you please tell me one thing what is the hopes for us in this case and what will be the action points from our side if we received any notice from court or any action taken by them.
Sincerely just want to tell you one thing this was done by my father on mutual understanding and on trust basis between his mother and brother, hence no documented done by my father... whenever i saw my fathers face in this situation really i feel very very bad (cant tell you in the words) he just foot fall in front of all relatives.
Your valuable reply will drag out us from this worst situation.
Sachin.
V R SHROFF
(Expert) 20 September 2013
Issue Legal Notice for ur claim. Let it be on record.
Sachin
(Querist) 20 September 2013
Sir thanks a lot for your suggestion !!!
Just tell me which notice we should issue to them?, so that i can inform my local lawyer.
Thanks,
Sachin
ajay sethi
(Expert) 20 September 2013
if police complaint has been filed your father will be called to record his statement . inform t he cops it is a civil dispute.
produce documentary evidence of having made payments to his brother . let the aunt file suit for eviction . defend the suit . it may take years
Raj Kumar Makkad
(Expert) 21 September 2013
Your lawyer shall draft the legal notice as already advised to you.
Sachin
(Querist) 24 September 2013
Thanks a lot to all experts for guiding me !!!
Just wanted to ask you one more thing what is the hopes for us in this case???? can such types of cases stand and win in the court???
Thanks in advance
Sachin !!!
Sachin
(Querist) 26 September 2013
Dear Experts,
Sorry to bother you again and again
New incident was happened yesterday. One person was come to our home and he told to my father that my aunty had taken money from his friend against this property, and also told that case has been filed against you.(really don't know the real fact)
After that we inquired more about the same and came to know that my aunty had appointed few agents/persons to sale our property.
Can you please tell me that is she have authority to sale the property without our consideration since we have the procession of the property from last 24 years?
Secondly can she take any loan from individual person against the property(not from bank)??
What is the legal aspects in this situation to defend our side strongly?
Sachin
Advocate Ramesh
(Expert) 26 September 2013
Contact your local lawyer and file a suit in concern court and claiming adverse possession and get injunction
Sachin
(Querist) 27 September 2013
Thanks a lot sir !!!
When ever i discussed with my lawyer (even yesterday night also we explain him about said incident) he only suggesting us to wait for their action on the paper. is it the right opinion to wait for further action on paper????? or can we change our lawyer and file adverse possession as you said???
Sir....your valuable suggestion will help us a lot... just give me direction so that i will take immediate action today itself.
Thanks
Sachin
Sachin
(Querist) 27 September 2013
One more thing want to add i think local gundas or any politician is supporting them to vacate us from the property, since all property paper have their name. And both the parties want to make money from this transaction. Because one of my friend who is property agent told me that your property came in the market for sale. And take urgent action in the same.
Sir your early reply will highly appreciated.
Sarvesh Kumar Sharma Advocate
(Expert) 20 September 2013
