Case details are as Follows:-
We are hindu family from Telangana State and My Grandfather has 5 sons(including my father).The dispute is about the property(Home) owned by my Grandfather who is no more.
We are staying in the home owned by my Grandfather and my uncles never stayed with us in last 30 years.
My father has paid Some amount to 3 of his brothers and bought their share and got their share registered in Register Office in the year 2008.
But my fathers one brother i.e Plaintiff No.1 was not accepting what my father was willing to pay him.
Plaintiff No.1 is my Uncle(Fathers Brother) who is now Deceased.He approached the court for his share when he was alive in the year 2010.
Plaintiffs No.2 to 6 are my Uncle's(Plaintiff No.1) Wife and his children.
Defendant No.1 is My father
Defendant No.2 to 4 are my fathers three brothers who sold their share to my father.
Plaint presented the Jurisdiction Value of the Suit as Rs 3,00,000 i.e 3 lakhs being the 1/5th share of the Plaintiff in the total Market value of Rs 15,00,000(15 lakhs) [Please note that these valuations are of year 2010 when my uncle approached court]
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Court Order and Decree are as follows:-
1) That the Suit be and the same is hereby Preliminarily decreed;
2) That the Deceased Plaintiff No.1 and the Defendants No.1 to 4 be and are hereby entitled for 1/5th share each in the Plaint Schedule Properties,
3) That the 1/5th share of Deceased Plaintiff No.1 shall be allotted to tne Plaintiff No.2 to 6
(4) That the share of the Defendants No.2 to 4 in the Plaint Schedule Properties shall be allotted to the Defendant No.1 in view of their exertltion of the Registered Relinquishment Deed dated 15.10.2008 in his favour in respect: of the Plaint Schedule Properties;
(4) That the Defendants be and are hereby directed to partition the Plaint Schedule Properties into 5 equal shares. and allot one such share (i.e., 1/5th share)' to the Plaintiffs No.2 to 6, who are the Legal Heirs of the Deceased Plaintiff No.1 and allot remaining 4 shares (i.e 4/5th share to Defendant No.1, after considering the good and bad.
5) That the entitlement of Plaintiffs No.2 to 6 for mesne profits will be decided on separate application after due enquiry; and
6) That there shall be no order as to costs. Given under my hand and the seal of the Court, on this the 15th day of June 2017
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These are my Doubts to be cleared:-
1)Has the court ordered us to Pay Rs 3,00,000 which we are ready to pay as of now or
Are we required to pay 1/5th share as per the market malue as of today i.e year 2017.
When my uncle went to court he presented the Jurisdiction Value of the Suit as Rs 3,00,000 i.e 3 lakhs being the 1/5th share of the Plaintiff in the total Market value of Rs 15,00,000 as of year 2010.
2)As my uncle (Plaintiff No.1) is Deceased ,The court has ordered to give his share to his Legal Heirs i.e his wife and children.
But my uncles wife and one son are in India and remaining 3 children are abroad.
How to pay them and get their share registered.
3)Should we pay the amount in court or to my uncles family.
4)We dont want further complications in future about this property and settle the issue.
Can we get the court order registered or
should all the legal heirs of my uncle come and register the property in my fathers name in Register office after getting their share which is not possible as cost of them coming from abroad may be more than the share they receive.
5)What steps should I take to see that my father gets full rights on the property and he can Sell the property in near future say atleast 5 years from now.
6)I think my uncles legal heirs are not going to higher court any further against the order.So how to settle the issue permenantly
7)What will be the amount we have to pay and to whom i.e to court or to my uncle's legal heirs directly
8)We want to pay the amount to the court as it is difficult to get my uncle's legal heirs at one place as 3 of them are abroad.
9)How are the mesne profits calculated, I mean to say from which year and what if my uncles legal heirs don't apply for it
10)Is ther any dead line to pay their share.
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Thanks for the help in advance.If you have any query regarding case details I will reply to your query.
Our Advocate is asking us to settle the issue outside the court and we are against it.
