LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Need desperate help on property dispute

(Querist) 19 February 2015 This query is : Resolved 
Hi,

A brief background of the case:
There is a block of agricultural land that is jointly owned by my father and 2 of his cousins. It was a 'sajha ki zameen'. The ratio of division of land being 50:35:15 among three cousins, my father owning the largest share.With no proper demarcations as to which block belongs to whom, the amounts of 'kaasht' were being distributed among three cousins by the eldest one. My father being an honest & a man of few words didn't question anything as he was relying heavily on his trust with the eldest cousin. I had warned my father time & again to get this land demarcated so that we dont have to worry for the future.
The eldest cousin wanted to sell off the land, for which signatures of my father & other cousin were required. My father & other cousin refused saying we dont want to sell this off at this point in time.
Knowing my father gets worried easily, the eldest cousin filed a case against other my father & other cousin just a week before my sisters marriage, claiming he owns all the land that is in the frontside(next to road)(His 35% share of the land).
The notice was sent to my father at the address, where the land is. The 'kaasht' family being close to the eldest cousin, didnt inform us about the notice. But somehow we found out about the notice & arranged for a lawyer,all that during the time of my sister's wedding.
The case was filed in late 2013 & result was announced in his favor just a month ago.
Our lawyer has filed for a stay in Revenue Board, Rajasthan. The eldest cousin had a caveat filed in case we decided to go for stay.
The eldest cousin is going for CLU to sell off the land basis the judgement in his favor. Do we have enough time to stop this?
My father is constantly worried & it would be an irreparable loss if we lose this case. I want to help him out in any way I can.
I would be highly obliged if any expert can comment on this, if there is a way that there can be 'logical' decision i.e everyone gets front + rear in the ratio of the land possessed.
Any help/guidance on this is high appreciated.
Adv. Sagar R. Jadhav (Expert) 19 February 2015
Despite order is in his favor he require to file execution for decree where you can easily raise your objection and also point out about ex-parte order. Or you can file appeal against that order with condonation of delay if any.
prabhakar singh (Expert) 19 February 2015
Apply for an injunction order.
Devajyoti Barman (Expert) 20 February 2015
file suit for declaration and injunction asap.
Rajendra K Goyal (Expert) 20 February 2015
Suit for injunction and declaration need to be filed.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :