Hello Sir/Madam
I am Sk Abdul Farzan my caste is muslim i am from orissa dispute on my home property where i live now,
in details
My mother was adopted child not by any legal procedure but by mutual understanding by my grandmother and my grandmother had adopted my mother from her mother and my grandmother and my mother's mother both relative sisters, (who adopted my mother and my mother real mother both were kinsman)
For ur understanding i refer in numbers
1 who was adopted my mother
2 real mother of my mother
while 1 when she died that time she called a meeting who were all entitle for that share and held meeting and she decided and on court stamp paper she had given portion to my mother, eventually all agreed and signed on that paper with full of their consent and own will except 2 share holder of that property .
Now that two share holder of that property, claiming property share from my mother.
we have been living on that property since 40 years we have on that possession..
Now those share holder when tries to take possession by force of their own resources from my mother then my mother
file a case in court that this property is mine but share holder nuisance creating on land.
my mother original paper by which 25 people witnessed alongwith share holder signed on except this two share holder.
original paper has been lost and only xerox we have that bcs of that share holder they had hiddenly taken from my mother and given xerox copy to my mother...
we have xerox paper of that property n case is going on in the court past 16 years yet we are on possession
regularly all bills we are paying as house tax , water tax,municipality tax, electric bill everything is on my grandmother name
one time we got judgement on our favor for refurbish of house bcs its quite old, do not know when it will collapse so we renovated it...
My mother has two son me n my elder brother
case been filed by my mother and my brother name is on the case petition paper not my name or neither my name has been prescribed anywhere in the case or paper..
Now my mother has been died last year
1 what action i should now be taken in this case ?
2 my name nowhere in the paper at the later date if we won case and when distribution of land will take place share will be equal if not so and if my brother will decive me not giving property can i go to court claim for property ?
3 How do you think this case position will be ?
4 in muslim law if a person reside in one property about 40 years on possession can he obtain that property as his own if the property share holder do not have any legal wakaltnama as this property belongs to him neither by evidence or witrness or otherwise what in this situation muslim law says ?
5 opposite party does not have any proof signifies or he is not so far produced before the court any evidence or witness only case is been running in that case what is your truly suggestion ?
6 How will we come to can end ?
7 What should be proper best step to go forward
Need your your valuable suggestion in this case
My mother died and my mother hired a muslim lawyer he also died
we have changed a lawyer also now....
I want to close this case as soon as possible Sir/Madam
Regards And Thanks
Abdul
Orissa
