LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ahmed   26 August 2017

How can I save father

Respected sir/madam i am (age 57 year) from uttar pradesh my grandfather had a plot of size 28x70 sq.feet which was under possession of my grandfather.after his death This plot has been divided 37 year ago between my father and younger uncle by self,both person had no objections from this property division and didnot write a division agreement on any letter.my father and uncle got 14x35 sq.foot plot separetly.my father construct a house on his plot 36 year ago by self investment and uncle did not creat any objection during construction otherside uncle didnot do any construct on his plot.now my father,uncle and aunty have been died .my mother still alive.till now whole of plot as mentioned above(28x70) is registered on my grandfather name in town area land record and also plot's khasra is name of grandfather but I don't have khatauni/khata no.of father's house/property.Now the matter of quarrel b/w me and my uncle's son(36 year age) is that he didnot agree by the division of property which has been done 37 year ago,he is saying that in old land record of nagar panchayat it is clearly mentioned that the whole plot(28x70)sq.f is registered on the grandfather name and no property division agreement available so divide whole property again and give him shares from my house.i informed him that i have 36 year old house record available in which my father's name mentioned and there is nothing of your shares in my father's property and that house was built by my father by self investment but he refused my arguments and his wife treating badly with me and my family members saying she send me jail with my family members by fraud case if you didn't give him shares in property,also saying that sell house to him.i suggested him go to the court and file case against me but she refused this proposal also saying matter will be solve by region muhalla panchayat because she got support muhalla panchayat members .she is not filing case against me.
Sir presently i am out of u.p for job purpose,my family also with me.i have following documents of my father's house:
1) 36 year old house tax/house no receipt.(27 year house tax is issued by Father's name and after his death last 10 year tax issuing on my name which i paying per year regularly).
2)electric/water bill on my name.
3)father's death certificate and ration card of mother's name in which all my family member's name mentioned.
4)ancestral land khasra on which grandfather name mentioned.
5)cast certificate/domicile certificate in which my Father's house no. Mentioned.
Sir presently my father's house is under my pocession.please advice me what can i do for stop this quarrel and save me and my family members from his fraudent activity.
Is it possible that relative forcely or by law capture shares in my father's house??



Learning

 6 Replies

Siddharth Srivastava (Advocate)     26 August 2017

You have sufficient proof of your possession. File a suit for Permanent Injunction wherein file interim application for stay against your brother so that he should not be able to disturb your possession in any manner. If required consult with details. Sidharth 9811776422

G.L.N. Prasad (Retired employee.)     27 August 2017

Show all the documents to a local advocate, whom you beleive as sincere.  Cross the bridge when it comes. There are several things to be considered in the aspects like your father's occupation, whether there was any prior partitions etc.  Simply because the records are in your name, you can not claim a possession as a right, as the co-sharer may claim possession in one co-sharer's name amounts to the possession in joint, and need not be his exclusive property and the possession is on behalf of all co-sharers.  Your father's will etc., also plays important .

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 August 2017

An injunction is a court order, that requires a person to do or abstain from doing an act that is necessary in terms of justice, and the absence of which would be contrary to good faith and good conscience. Basically, the grant of an injunction, aims to restore the violated rights of a party, whereby monetary or compensatory damages are insufficient. It follows the principles of Natural Justice and Equity.File immediately injunction order.

R Trivedi (advocate.dma@gmail.com)     31 August 2017

First of all half of 28 x 70 will be either 14 x 70 or 28 x 35 not 14 x 35. Now your grandfather had two sons, your father and uncle. You are the only son and your uncle Don is also only. So grandfather property getting divided into two. You have no objection to that then where is the problem? Is he asking half of your share with other half completely with him? That is he wants 3/4th share and 1/4th for you? If so, then do not worry no panchayat or court or politician will help him.

Ahmed   31 August 2017

sorry sir mistakenly I mentioned 28x70. it's actually 14x70 sq.feet plot.

Ahmed   31 August 2017

and each one got 14x35.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading