We have a old house in Pen in name of my Grandfather since 1937 inherited from his father. The 7/12 , survery no are in my grand fathers name. We gave the proprty for developement to one local builder against mutually agreed developement Contract Agreement.
Grandfather had one brother who lived in Mumbai since 1942 and had the share of farm while grandfather had the house with him.
Now that gradfathers daughter had putup claim on the property saying that she is the legal heir and wants half of the land and the developed building to be demolished as the deal is illegal and not agreeable to them.
We relied to her notice in Pen Court on the grounds that her father had recieved the farm as part of his property share on which he had purchased other farm, and her father has not claimed the property till his detah at the age of 80 years and the sam e was not claimed by her mother who also died at the age of 85 yrs.
Her father had purchased the farm in 1937 for Rs 11000 when his salry as teacher may be around Rs 50 per month.
Now claimant has withrew the case from pen court and put for appeal in Alibag Court.
Our response in Pen court was not answered but she has put up the same case in Alibag Court
My Questions are as follows:
1. If one does not responds in pen Court and withdrew the sase and can he put the notice in ALibag Court for the same matter - without any deission from Pen Court
2. What are documents required to prove partition or share of legal propoert is signed between two parties.
3. Can court give her stay for ongoing construction without confirming her legal inheritance
