Dear Sirs, A property was purchased by my grandfather's father in the year 1943. After the death of my grandfather's father the property passes to my grandfather. My grandfather has 4 sons and 2 daughters. Among them my grandfathers' first son got release deed in the year 1964 and second son got release deed in the year 1971. Both the daughters of my grandfather got married before 1980. During 1983 my grandfather, my father and my uncle (my grandfather's youngest son) divided their share into two parts (Shedule A & B) shedule A was alloted to my grandfather along with my uncle and Schedule B was alloted to my father. During this partition my uncle was not married and myself my sister and my two younger brother were minors and we all were not shown in the Registered partitiondeed. During the partition between my grandfather, my uncle and my father my grandfather blended his selfacquired property along with ancesteral properties After partition we all minors came under the shelter of my father. My father who is the karta of my HUF started enjoying all the property by pledging in many financial institutions and signs in behalf of us. By the time I got major my father asked me to sign the documentswhenever he pledges. Lateron in the year 2000 as my father wants more money to settle my sister's marriage and my brothers higher studies and settlement in abroad. That time My father was a secretary in a co-operative bank. There was a rule in the bank that only Rs.5/- lakhs is maximum limit for 1 person. Hence, my father made an unregistered "Family Arrangement Agreement" in Rs.10/- stamp paper and got notarised and pleadged the property in the same bank in the name of mine and my brother and got loan seperately. The bank legal advisor was also the same person who notarised the "Family arrangement agreement". The witness was also the bank cleark and bank pune. My father took the loans given in our names as cash. After this Koorchit @ Family Arrangement Agreement also my father maintains the entire property. During 2006 also my father pleadged his 1983 partition deed and got money. My sister got married in the year 1999 and settled abroad, I got married in 2004 and presenting living with my father in the same house upstairs. My first brother (Younger) got married in the year 2006 and presently settled in London. My second (younger) brother working in USA yet to be married. In the year 2008 my first brother forces my father to dispose all his property and he asks for money. I did not agree to it. Later this came a huge problem and all my family members got against me and finally turned against me. My first brother played his role stating that he alone made a "Power Deed" in favour of my father in the year 2001 regarding his share. My second brother and my sister kept scilence by signing in an empty white paper and handed over to my father stating we dont want any case or property. If at allmy father wants to give them a share let him give them as money and thus they too escaped because no one is in India. My father was left alone and all his anger turned towards me and he asked me to quit from the house and he wants to sell the entire property and he wants to divide it into 5 and he asked me to get my share. I told my father that since 1943 we live in this place and I am staying here and I cannot go away anywhere in the same town. I will die if I see this place with someone's hand. I had sacrified my life since, 1972 to develop our property. But, my father is least bother about myfeelings. My father along with my brother filed a suit against in the local court executing my father's partition deed and in support the unregistered Koorchit (Family arrangement agreement) which he got signed from me for loan. My father as a power agent for my brother got an Interim Injunction against me stating that I am tresspassing my brother's property which was mentioned in the 2000 year koorchit. My father is a well known person in the local town. Everyone can feel what my father is doing is wrong but no one is ready to talk to my father. He stopped all my business by showing this Interim Injuction to all my business people and trying to make me financially weak. My father asked my brother to sell his london property and buy any property in my brothers wife name hereafter. We had a seperate property in my own town which was purchased in my mothers name out of the income from the joint family (I have ample proof for the same). This property was purchased for the purpose of pathway to one of our ancesterial property (the same is not mentioned in the purchase document). When this dispute my father sold even that property and gave it to my sister who is in USA. I was doing carpentry business in that place. Then Immediately I got an interim Injuction from the local court against the purchaser not to disturb my business untill the disposal of the case. My father with his influence he disconnected my EB service and with the help of the local rowdies and police made me to quit that place. When I quried the TNEB how electricity was done when there is a case pending in the court. TNEB persons orally said that based on the owners letter and Govt. pleaders leagal opinion they had disconnected my electric service connection. They said me that the case is between my self and the purchaser and TNEB is not a party to the case hence, they can disconnected the electricity service irrespective of the court Injunction. I had no other option rather than shifting the place. I locked the premises and closed the business. Now the purchaser went to high court and filed a CRP under Article 227 of the Constitution of India to struck down my case. But, the high court suspended only the interim Injunction granted by the lower court and enabled the purchaser of the property to file necessary application under order 7, rule 11 of CPC before the trial court. Then the purchaser tried to enter my lock and key premises by breaking the lock and tried to demolish the building and construct a new building. Immediately I gave a complaint to the local police. But, the police person got money from them and threatened me and instead He filed a false FIR against me under sec. 294b and 506(1) as if I scolded my parents in bad words tried to kill my parents. My father is trying to make me defaulter and and plans to make the court feel that I am a wrong person. My brother supports my father financially. I am weak in financial status and the police man gets the money from him. Even the local advocates supports those who give them money. I am left idle. Finally, I had decided to study law of my own and to win my case. As a father of my two minor sons I need to safe guard my ancisterial property and to hand over to them in mere future. If anyone get through my situation please help me by putting your best suggestions and also clarify my questions here under. Questions: 1) Is koorchit (Family arrangement agreement) is valid? (I had signed that time only for loan purpose for my family) 2) Is my fathers partiton is valid? while that time I am a minor coparcerner who has "Right of Birth" was not given share in the property or not shown in the partition deed. 3) Can I re-open my fathers partition? If yes please explain in detail how? 4) My grandfather died in the year 1994 by leaving a registered will stating all his property in favour of my uncle. I read the will and found that my grandfather says in the will that his first two sons got their shares by means of release deed and my father got his share and thus except my uncle other sons are not eligible to fight for my grandfather's share.His self acquired property also will go to my uncle. (a) I have a doubt that after blending his self acquired property along with ancesteral property can my grandfather say in the will that the property is his self acquired property? (b) do my grandfather has right to leave a will without the consent of other coparcerner? (My grandfather died 2 months later to the will date) (c) Is my grandfathers first two sons release deed valid when my grandfathers consent is not shown in their agreement? (d) Can my two minor sons claim their rights in this property? (e) do my brother eligible to give power to my father in his favour? (f) can my father use such power against me when I am in the equal position as them? (g) does the court has power to give injunction against another co-parcerner based on the unregistered koorchit? (h) is the property which my father got partitioned out my great grandfather's property is treated as self acquired property of my father? (i) Can I claim my rights in my grandfather's property inspite of his will favouring my uncle? (no words found in the will that I am not entitled to claim the property) (j) Do I have the rights to claim the property purchased in my mother's name out of the joint family invwhen my mother is only a house wife? (i have ample proof to win the case). (k) After me obtained the interim injunction from the PDM mentioning even the electricity no. can the Govt. Publice give opinion that TNEBis not party to the suit hence TNEB is entitled to disconnect the electric service irrespective of the court Injunction? please comment on this. (l) Please advice how to get rid of the case that my father filed a suit as a power agent for my brother. (m) How to deal with the property purchased in my mothers name? (n) Give your own suggestion. Thanking yours D.Jayakumar
