Dear Sirs,
Need a suggestion whether we can fight a case or not:
Our Ancestral property of about 1 and half acre was divided between three brothers, my father is one of them. One of the younger brother wanted to sell his part, but since his share is in the middle of the land and is not getting sold , he has exchanged his part of land with my father's part. He has signed the Sale Agreement which was done on RS. 100 Stamp paper, giving all the rights to my father on his part of land. Eventually, he has sold my father's part. This has happend 8 years ago. My father did not register the Sale Agreement. My father died 3 years ago.Now his brother is not willing to give his part which was legally singed on my father's name. He is asking to settle us for less than 50% of the actual property rate, else he says we do not have any authority on that. Only one witness has signed the Sale agreement, and we dont know whether he would be available or not. All these years this land has been cultivated and maintained by him, without givign any money on the cultivated part. We want to settle this issue if he agrees to pay atleast 70% of the market value. We want a suggestion whether:
a.) The sale agreement which is written as a part of Family agreement 8 years ago does have any validity?
b.) It is possible to get this property registered on our name, through court?
c.) Is this advisable to fight a case against this.
Please give me your suggestion, it would be very helpful.
Regards,
Nagapradeep
