Objection filed by a third party with tahsildar
Dr Sunny MP .
(Querist) 16 March 2024
This query is : Resolved
Dear Legal Experts,
I seek your advice on the following, to consider any legal implication or action on a property legally owned by me per decree of court 8 years ago.
1) The agricultural property in Karnataka was under dispute between me and my brother for 10 years and the decree was passed by sessions court as a free hold in my favour through Lok Adalat in 2016 .
2) Based on the courts order, a partition deed was executed between self and my brother and got each one's share registered at The Registrar's Office In 2016.
3) My brother sold his share to a neighbour/ villager in 2017.
4) In the month of February 2024 I planned to sell my portion as well and started advertising through the local agents.
5) My father's brother who has no document or hold on the property has raised an objection for selling my property, claiming that half of the property belongs to my mother and a Acre belongs to him.
6) He also claims that the property rights have been transferred illegally by me in 2016(though the property was legally shared and registered based on the court decree).
7) He along with an unregistered family Sangha ( under the seal and signature of President and the Secretary) has claimed an objection for selling of my property claiming a share to him and my mother. He has sent an objection letter to tahsildar with my mother's name mentioned in it without her consent. My mother is with me and she respects the decree of honorable court issued in 2016 and she is not in agreement with what my father's brother has stated in the objection letter to tahsildar.
8) in the past, My father's brother has stopped a sale transaction with a prospective buyer(wherein a small advance was made, which was returned to the buyer subsequently by me).
9) He also mentions over phone that he is interested in my property but expects an amount to be paid to him out of transaction(does it leads to a ransom or a blackmail!? Please advice).
10) Are we allowed to record the conversation of my father's brother demanding money and will it stand in the court of law?
I seek your expertise and advice on the above situation of mine.
I would like to also put on record that this very forum had helped me to win my case in 2016, I would like to extend my heartfelt thanks to each one of you😊🙏
Warm regards,
Dr Sunny MP
Dr Sunny MP .
(Querist) 16 March 2024
9) He also mentions over phone that he is not interested in my property but expects an amount to be paid to him out of transaction(does it leads to a ransom or a blackmail!? Please advice).
kavksatyanarayana
(Expert) 16 March 2024
Is the property in Karnataka ancestral or whose? Are there any other legal heirs along with you and your brother? Why did your mother add a party in the case? Why did your father's brother claim this?
Dr Sunny MP .
(Querist) 16 March 2024
Dear kavksatyanarayan,
Many thanks for the quick response...
A) Yes, the property is in Karnataka.
B) Yes, it's an ancestral property
C) No, there are no legal heirs other than me
D) May be my father's brother would have thought that his case will become strong or he might get mercy vote from the family Sangha against me. I guess.
E) He's greedy, that's his nature from his childhood. He's been cheating everyone and caught multiple times at work for stealing.. is only FYI
Regards,
Dr Sunny MP
T. Kalaiselvan, Advocate
(Expert) 16 March 2024
Since this property was in dispute before court and it was subsequently solved by a compromise decree by court after which a deed was registered before the registrar office, you become the absolute owner of the property with clear and marketable title.
If your uncle is indulging in such mischievous activities yo can file a suit for permanent injunction against him restraining him from interfering in your possession and enjoyment of the same and also you can register your strong objection with the tahsildar office with regard to his application pending before the authority and give an explanation by attaching all relevant documents so that the tehsildar dismisses his petition
Dr Sunny MP .
(Querist) 17 March 2024
Thank you Mr Kalaiselvan for the candid response, your response would certainly be of help... Can I also approach the police for help please advice
kavksatyanarayana
(Expert) 17 March 2024
It is not necessary to approach the police. As advised by Sri T.Kalaiselvan Sir you can file a petition for permanent injunction and approach the Tahsildar concerned.
Dr Sunny MP .
(Querist) 17 March 2024
Thank you forum for the quick and candid response...
God bless you all😊🙏
