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Venkatesh Nimmala (Supervisor)     13 May 2013

Father sold ancestral property-sons filed a case

 

Hi Experts,

Firstly I wana say thank you to all for providing good solutions for users queries.

Please please please read and help me

This is Venkatesh Nimmala(age 35),working in Private sector and belongs to Andhra Pradesh.

The Below is my Query.

Here I am providing the information as per the affidavit which is filled by opponents, Revenue Records and gathered by enquiry.

a-> Laxmaih   b-> Raghavayaa  c-> Srinivasulu  d-> karthik & Yogesh

Karthik(age is 31yrs till date) and Yogesh(age is 28yrs till date) sons of Srinivaslu

Srinivasulu(age is 52 till date) is only son of Raghavayya

Raghavayya(don't know about the age) is only son of Laxmaih

Srinivasulu inherited the 8 acers of  agri land from his father Raghavayya, Raghavayya Inherited the same property from Laxmaiah and as per the revenue records this property is Ancestral Property.

The property is not partioned since Laxmaih has only one son(Raghavayya) and Raghavayya has only one son(srinivasulu)

Raghavayya died in 1996 without a will and his wife(Srinivasulu mother) died in 2004, after his(Raghavayya) death srinivasulu sold the 4 acers of Agri land to us in 2002, within 3 months we Rigistred the land and farming mango trees till date. We registered the land with the proof of saledeed document, in Form-1 the Revenue officials Roundup the Raghavayya name and Srinivasalu name(means the property is not transfered to Srinivasulu from his father(Raghavayya) officially).

During the sale, Srinivasulu elder son karthik has 19 years 6 months and his younger son Yogesh has 17 years 8 months and Srinivaslu not informed to his sons about the sale.

Now they filed the case against us, as this is ancestral property and my father has not informed during the sale though we are majors at the time of sale and he has no rights to sale the property.

We already met with local lawyers and lawyers saying that they(Srinivasalu sons) have full rights to claim their share in the property and saying you registered the property from Raghavayya just putting the srinivasalu name as son of Raghavayya in Form-1, instead of registered the property after implementing it to Srinivasulu.

Questions:

1. Is this Ancestral Property? and what are the rights of Karthik and Yogesh?

2. Even if it is ancestral property and it's been almost 11+ years, still they have rights to claim the property?

3. What are the chances to win this case?

4. The way we purchased and registerd is wrong?

Please suggest me, how can I proceed with the case.

If you need any other information I will try to provide here.

 

Thank you

Venkatesh

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Learning

 7 Replies

Venkatesh Nimmala (Supervisor)     13 May 2013

plese resond to my query..... awaiting for the responses

Adv Archana Deshmukh (Practicing Advocate)     13 May 2013

Then how and when they came to know about the sale? Why did not they file the case till so many years? Is Srinivasulu still alive? How much property did he totally inherit? Anyways, Without going thru all the documents and knowing all the facts, it is not proper to make comments in such cases bcoz there are many factors to be considered in details and such things cannot be properly evaluated on a legal forum. However, yes, it is an ancestral property. But prima facie speaking, you also have got a good case to defend. Engage a very good lawyer who is well versed in civil law.

Venkatesh Nimmala (Supervisor)     13 May 2013

Thank you Archana Madam for your response.

We do not know when they knows about this, but filed the case 15 days back, now this is pending status due to court summer holidays. Yes srinivasulu is alive and  8 acers of agri  land inherited form his ancestors , we got this info from Revenue office.

Karthik and yogesh sons of Srinivasulu has rights to claim sold property? thought it is sold 11 yrs back?

We want to fill a stong counter file and don't want to loose singel chance.

Adv Archana Deshmukh (Practicing Advocate)     13 May 2013

Don't worry, you will be served with the plaint and documents copies along with the summons of the case. The case will become clear only when you go thru the pleadings. Take it to a good lawyer and fight out the case.

Venkatesh Nimmala (Supervisor)     13 May 2013

I believe srinivasulu is only encouraging his sons to file the case.

The main problem is we purchased  the 4 acers of land by X value, now the cost of the same land is X*30 times.

Still I am not able to understand the rights of srinivasulu sons.

can they claim share on 4 acers of ancestral land? though many years were passed away?

I would like to know one thing here.

Are they eligible to claim the 4 acers of sold land?

Manpreet Singh Sood (Managing Partner)     14 May 2013

So it means when the sale deed was executed in ur favor thru Srinavasul his one yone son was a minor. As it was within 3 months sill  Yogesh does not complete 18 yrs. 

"During the sale, Srinivasulu elder son karthik has 19 years 6 months and his younger son Yogesh has 17 years 8 months and Srinivaslu not informed to his sons about the sale.

On prelinary examination defence of minor share sons being sold by his father can be created as to was for minor' benefit., by father ie Srinavsaulu

But then how to save the entifre sale deed in ur favour??. 

Post better tabulated facts plz.....

sree 9491505984 (Lawyer, Hyderabad)     15 May 2013

My friend venkatesh,

The learned advocate archana told is correct. though it is ancestral property you have a good grounds to defend. Let me give some tips which are useful to you.. You have mentioned that sale proceeds were done 11 years back,....then try to prove that you are in possession from that date and drag the case to 2 more years, which results, you are in possession of  land for past 13 years and it will become a strong point at u r side.. secondly if u feel that Mr sreenivasulu provoked his heirs for this case and he is still alive,...Try to instigate a criminial compalint against him  that he cheeted you saying that he is only the absolute owner of that 4 acers land and he sold it to you..( It may be recorded in u r sale deed...Look carefully).. sothat other party come down to you. Only thing is be confident and cheerful..U will definetely win this case..Best of Luck


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