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Snehal Kesarkar   21 December 2015

Property dispute

Hi All,

My grandfather had owned two properties(property A and B) at two different location. He gave property A to my Dad and the property B to my uncle. Later my uncle wanted the front half portion of property A which was given to my father in exchange with the half portion of the property B. My father gave him half portion from property A but in retrun my uncle did not give anything to my father. But the resettlement deed,which my uncle gave to my father to sign while taking my father's share mentions that my Grandfather is giving that front portion of property A to my uncle and back portion of property A to my father. This had happened in 2006. Now my father owns just half portion of Property A and my uncle owns half portion of property A and entire property B.

My father want that entire property A and let my uncle own entire property B as earlier. But my uncle doesn't want to give anything.

Please let me know if we can challenge that resettlement deed. That deed has only signatures of my uncle,Grand father and my father. But since I was major at that time and also my mother has also not signed that deed. Can I or my mother challenge that deed. Or is there any other way by which we can teach a lesson to my uncle that "cheating never works for a longer time".

My Grandfather died in the year 2013. Now my uncle has already started construction also on property A.

Please answer as soon as possible, by which we can get stay order atleast on that construction.

 

 

 



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 December 2015

Sir, Was the property self acquired property of your grandfather or ancestral property ? Warm Regards Kapil Chandna Advocate 9899011450

Snehal Kesarkar   21 December 2015

It was not ancestral property. Those property were earned by my Grandfather.

Snehal Kesarkar   22 December 2015

can anyone please answer to this query asap.

T. Kalaiselvan, Advocate (Advocate)     24 December 2015

This was your grandfather's self acquired property hence his action of resettlement and redistribution of properties among his children is his own desire and decision, court cannot interfere in it. 

Since this is not an ancestral property, neither you nor your mother have any share in it and you cannot file any petition for cancellation of the said deed, it is not maintainable, even your father cannot take any acion against it. 

This is not a cheating work, if at all your father had any claim , he should have made it then and there itself with your grandfather, he did not do so, it means he accepted the revised settlement, therefore if the eligible person himself has no regrets or claims over it, you being a third person to property cannot express your anguish to the property which never belonged to you nor owned by anytime. 

You may try for an amicable settlement or else just ignore it because it never belonged to you nor you have any claim over it legally.


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