kindly advice ( part 2)
Querist :
Anonymous
(Querist) 10 December 2011
This query is : Resolved
dear, learned lawyers ,) kindly read full text and additional information given in the texts.)
dear, advocates,
my sister filed a revenue suit for her share in agricultural land which was in my mothers name , my mother died in 1977 and she filed a case in 1994 and the notice to acquire the whole land was given to us in 1984 andpossession was taken by goverment in 1996, i was promised tht i'll be given compensation of 20%residential and 5%commercial land in return (not received compensation yet) now later my sister withdraw that case in revenue court and one month back she again filed a case asking for her share in house and the property that was acquired by the goverment her name is nowhwere in mutattion or elsewhere , now the goverment authorities are ready to give us the compensation but we are asked to give an affidavit that if any liability regarding the share of the sister appears in future as outcome of courts decision rthen we will be responsible for the any kind of compensation that is to be given tomy sister and not the goverment authorities, now my question is if i transfer the land recived in compensation to my sons name will it make difficult for her to claim her share or in what account she won't claim her share (in what all cases)kindly suggest.
(addditional information:)
thank you raj kumar makkad sahab, for ur valuable advice ,just want to add few more detail , i have got my mothers will in my favour before her death , but the thing is she could challenge the will as both the witness to the will have also died in due course.she intended to blackmail me by obtaining the stay order from courts and makeing the property disputed so that i can't sale it or use it in any way, and so that i should be compelled to come in on an agreement with her for settlement...! civil court has canceled her lawyers demand in this regard and now they have filed a writ in high court which is to heared yet...! i am afraid that high court might stay order on property ,is there any time limit of such stay order or it goes on till the matter is resolved in years can i appeal against stay order and if yes in which court...! what are advantages that you belive that i have with me and my opponents have, what should be my course of action preferably...!
Raj Kumar Makkad
(Expert) 11 December 2011
You have first time disclosed about the will of your mother in your favour. Question here arises why did you maintain secrecy about the will, if the same is genuine and why did you keep on waiting to show it open air till both the attesting witnesses went back to the lap of God?
Stay by High Court can be granted even without notice to opposite party, if it finds such grounds of appeal/writ. Until the stay is vacated, you cannot go ahead as desired.
It is up to you to decide whether to go on in litigation whole life with real sister or create relations by voluntarily offering her due share in the property under dispute. Beware your will has still not been established and things can revert back also.
Raj Kumar Makkad
(Expert) 11 December 2011
You would have posted this subsequent query in the same thread.
Guest
(Expert) 11 December 2011
Posting of problem in parts in delinked manner may not help solve your problem properly.
