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Hi sir,

I am chetan we had have paid rs.400000/- One lac advace for purchasing property [ two BHK house ] to the owner of house. I have taken reciept on paper putting revenue stamp. ( stamp duty paid Rs 100.) Owner as agreed to do the deal after 3 months after i pay him back the remaining amount thst is 70 lacs . Now the owner says he is not willing to sale the propert coz of his daughters mariage had been fixed and telling me to take back the advance which i had paid him but i want the property and i am not willing to take back the money. what to do now and its and owner is and Sc ( schedule caste ) plz help me

Try to add value to the discussion, with your each post.

My father with four others purchase land in dombivli. land having common 7/12. but as per purchase did plot divided in two part A & B. A-247.55 SQ meter purchased by my father. and B-501 sq meter purchase by 4 others. as per tlr copy there is plot divide line is there on tlr map.

now plot B given to builder by 4 owners for redevelopement.and they are on road side. area A is not given for redevelopement.

during regustried contract builder assure me that he build society with keeping marginable distance from my 2-story building. but now after passing plan shown that he is not keeping marginable distance from my building.

* builder removed plot divide line from plan as shown in tlr map.

* on regustered contract he shown 10 feet acces for me by coloured diagram (open to sky) but 10 feet acces not shown in plan copy.

i filed case in kalyan court but he take cavet against that case. so i search all documents and i found surrounding area of my building is showing common acces of all 5 owners tho that area purchase by my father as per purchase did. please help/guide me to take proper action against builder

   Sir/Madam !    My paternal grandfather (GF) and his 2 brothers were divided their ancestral properties in the year 1930 and executed unregistered partition lists, from then they living independently, after some time it was impounded with sub-collectors office. After some time they lost impounded partition lists and again they executed registered partition deed in the year 1952 in it they stated for the evidence of their children in future the partitioned was affected in 1930.

     Before partition my GF’s elder brother purchased house property in the year 1923 and mentioned his self-acquired in the joint family partition deeds in the year 1930 and 1952.

     After joint family partition in 1930 my GF independently purchased with his own funds, 20 lands different survey numbers and some house properties at civil court open auction in the year 1933 which includes entire suit land.  My GF alone sold most of the properties before 1972 which purchased in 1933.

      My GF’s elder brother (Donor) executed registered GIFT DEED without any right, title, possession and enjoyment in the year 1984 in favour of his daughter and son-in-law conveying 1/3 share in only 2 survey numbers by stating it is joint family property but his younger brother not claimed any lands purchased in 1933 by my GF.

     The Suit lands not at all mentioned in the registered partition deed executed by donor and his sons in the year 1953 and in it also mentioned that 3 brothers were partitioned in 1930, the same he was admitted in the file of AP Land Reforms declaration in 1975 and he (Donor) has not claimed suit property in his said declaration.

     After demise of my GF all his legal heirs were divided and executed registered partition deed in 1987 which includes suit lands and other properties. The suit lands in the name of my GF and his family in all the revenue records since from 1933 in our possession and enjoyment, done or donor never in possession at any time.

     The suit lands mortgaged in favour of co-operative bank by my father and GF obtained loans by way of registered mortgage deed in the year 1960.

    In 2003 the done filed suit against my father and my aunts in civil court for declaration for right, title and division.    

Q1. Kindly tell us merits and de-merits of the suit to protect our rights in suit lands.

Q2. Kindly refer Andhra HC and Supreme Court related judgments to suit. 

                                                                                                 with regards