Dear Sir,
My self Avijit Kushari residing at Kolkata. My late father was 4 brothers and 2 sisters. 2 brothers are having 2 daughter and both are married. I am the only son of my family. My fathers elder brother was expired on 1975 due to cancer having no child. He was working in RBI - Kolkata in a Sr. position. After his death his wife i.e. my elder unty was get his job in RBI.
1) On 1995 my elder unty (i.e. my fathers brothers wife) purchase a house in Madhyamgram.
The building having 2 part. In one part ground floor I am living with my family. On the top sister of my unty was staying with his husband. Later on his sister was take unty's signature by pressuring in the "Dan Patra" and do the registration his part.
On the 2nd part in the ground floor one tanent was staying for last 20 years and on the top my unty was staying. Also in a single room of the 2nd part his nephew was staying with his wife.
After retirement my unty does not give the property in writting to any body. On 2012 suddenty my unty was expired due to hart attack. Before death he does not give his property in writting. However I was the only son of my family and doing the speritual work of unty.
After his death his nephew was suddenty enter on the top with his family and start staying there. The tenent was stop giving rent as there as no landlord is there in the property.
Meanwhile the sister and his husband of my unty was expired. Before death his sister handed over the danpatra to his married daughter and now he will enjoying the property.
One day I have got the information that late unties nephew doing a case in the court to claiming the while property. Immediately I went to a Lawyer and file a counter case for Title Suit in the court 2 years back. I have doing continous followup with my lawyer and constantly we was giving the dates for hearing where as the nephew was not appear in the case also. My lawyer says the saman servie was not completed yet due to this the delay was happening. Also not giving me satisfactory answer. Meanwhile I have already spend near about Rs. 75000/- in advice with my lawyer.
At present a promoter was interested take the space for construction as he is doing the project just besides of our plot. He was talk to me to do something for this. I have discussed with my lawyer and he said to do a sell agreement with the promoter and advice promoter to give a purchase notice to news paper and wait for 15 days. If anybody not claim for this process the same further. Also told me to do mutual settlement with the nephew and with the tenent and ask them to leave the place.
Please advice whether the process is correct.
2) Also my unty was purchase a 1000 sq ft flat in madhyamgram. Before death he was do a sale agreement with his reletive of Rs. 11 lacs. His relative was given Rs. 20000 as advance and after that my unty was expired.
After expire of unty his relative was forcefully take the key of the flat from his nephew and forcefully enter into the property and staying there with his family. For more information the original agreemt of the flat keep with me.
To recover the property my lawyer says that do a sale agreement with a close person. Ask the person to do a case to consumer court as I am not giving him position into the flat after selling the property. COnsumer court give order to give him possion. Then at the help of police he can vacant the place and give me handover.
Please advice whether the process is correct and also advice how can I takeover the property.
Regards,
Avijit Kushari
