Hi all,
I am new to this website and really hoping to get some professional advice.
Scenario:
we have acquired a piece of land (170 sq. yards beside our home) in the state of andhra pradesh in india through a registered sale deed in 2006 at sub-registrars office. The seller was my grand father (my mother's father). The very next day of the property registration my grand father has made my mother and myself (only son, no sisters) sign a 100 rupees stamp paper on which it has been written that this property has been sold on a condition to re register the property to him through a sale deed at our own expenses after the grant of my visa to go overseas or to pay the current market value of the property. My grand father has requested to do so because he stated that his son, grandsons and daughter in laws will kill him because he sold the property without their knowledge. So, Both my mother and myself signed the 100 Rupees stamp paper agreeing to give the property back or to pay the market value after the grant of my visa. Unfortunately, my mother to whom the property was registered passed away in 2008 and did not take that document back from her father.
Last Sunday, 1st September 2013, (7 yrs later) my brother in law, (son's son of my grand father) attacked my house with 5 male persons and chopped the mango trees down in the above said 170 sq yards of land & destructed the water supply from bore, broken the windows of my house and threatened to kill my father and verbally abused him in a vulgar language. My father lodged a complaint in police station in our jurisdiction and they have filed a case against my brother in law under IPC 506 for criminal intimidation, 448 for house trespass and 427 for mischief damage over rupees 50. We are at this stage unaware of what the outcome of the complaint was.Today 6th of September, 5 days after the complaint was made, my father again saw my brother in law next door to us (Brother in law's friend's house) and it is has become his meeting point and he drinks alcohol at his friends house. It seems like the cases that the police have filed against my brother in law has not impacted him at all. My father is very restless, scared, depressed and feeling insecure that my brother in law may attack again and physically harm him this time due to the anger that we have gone to the police. My father is also a liver cirrhosis patient and can hardly walk and on medication 3 times a day. I am very concerned about my father' mental and physical health as he does not deserve this treatment from my brother in law and he is not in a position to handle this.
We are currently under the possession of the property and have a compound wall surrounding our property.
My questions are,
1. what can I do to stop those people harassing my father and damaging my property?
2. Can my grand father use that stamp paper in the court of law (which my mother and I have signed promising to give it back to him and win the case?
3. We also have a mortgage on the property, should we continue to pay the installments or stop?
4. What legal action can I take to protect my property and my father?
Please help,
Thanking you.
