LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

arul (Founder)     18 August 2011

Shall i file a case directly to high court ?

Dear Lawyers,

I am Arul Ragav, my grand father died in 2002. After that his property of 1.67 Acre land comes as a joint property for my mother [A1], my mother's brother [A2] & my grand mother [A3]. In the year 2003, A1 A2 and A3 jointly gave a power of 1.0 Acre to one person and that land was sold out. After that on October 2008, A1 A2 and A3 sold 7 cent of land to one person & they share the money. So, after that we thought there is 60 cent of land is in hand, but without knowing to A1 & A3[my mother & my grand mother], A2 sold 14 cent of land to 4 parties. Without my mothers signature and my grand mothers signature he sold that land to those parties. Now it is a criminal offense, this land is comes under Dindigul jurisdiction in Tamil Nadu. My question is "Is it possible for us to file a case on this directly to High Court of Chennai?" or "Whether we have to file case only in Dindigul jurisdiction ?"  



Learning

 7 Replies

Advocate Rakesh Raja (d)     18 August 2011

. This is a very good criminal case . no,  first file your case in trial court.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     19 August 2011

This is purely a civil dispute between individuals.

You have tp file civil suit before local civil court challenging the sale made by  your mather's brother.

Your uncle (mother's brother) can reply that out of the remaining 60 cents, he is entitled to undivided 20 cents of lands. therefore his sale will be valid and that he is having 6 cents. 

 

Pls think that point also.

adv. rajeev ( rajoo ) (practicing advocate)     19 August 2011

It is not a criminal case, if you filed it wont survive, Let your mother and grand mother file a suit for partition and seperate possession of their share in the civil court .

Dhayalan 9894551170 (advocate)     19 August 2011

There is no criminal offence. you must file the case in your area. that is trial court in dindugal jurisdiction. The transaction is valid depending up on the 1/3rd share.

you cannot directly filed the case in high court.

Vivek vashishth (Corporate & Criminal Lawyer)     19 August 2011

This is a case of civil nature.You  will have to file a application to the court for the partition of the property.But I think you should divide the property between the three members in 20-20 cent before approaching the court because at last the court will decide the same.your uncle has sold out of his part.He didnot sale the part of another party .ha has right to sale his part part i.e.20 cent.

RAKESH PIPRODIA (ADVOCATE)     21 October 2011

Go through a proper channel by filing the suit in city civil. Obtain one declaration suit between the parties and then file the civil suit.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 October 2011

I do not know where you stay. If you are in metropolitan area, and the value of the property is beyond the limits of district court, you can file directly in HC, otherwise only in District Court.

 

However in Muffasil area, district courts have powers to decide disputes of unlimited sum.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register