Hasmukh (Owner) 26 May 2014

Sister partition right after brother sells property

Hi I am builder bought an ancestral property in 2011 through the three brothers after giving three paper notices in local newspaper got the land converted in to non agricultural and town planning sanctioned and sold some plots also now in 2013 I got a legal notice from sisters that we have got claim on the land inspite of their brothers having consent letter taken from them in the year 1995 of which their is affect in the Pherphar and their name was also not their on the 7/12. We also filed a case in civil suit court but lost as the judge passed order in favor of the sister claiming that the brothers have done fraud and the sisters right exists. Now as a builder what should we do as after investing so much our project has got the stay from the court.please help urgently

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7 Replies

Dr J C Vashista (Advocate) 26 May 2014

Sisters have equal right as that of brother in an ancestral property.

Engage a local lawyer, pay fees and seek opinion/ advise and guidence

K.K.Ganguly (Advocate) 26 May 2014

1. File a police complaint against the brothers for defrauding you,

2. File a damage suit against the brothers for causing damage to you by submitting fake consent letter of their sisters to you while selling their land,

3. Negotiate with the sisters to come to a settlement.

Hasmukh (Owner) 27 May 2014

But sir through the consent letter taken from the sisters there is Pherphar entry as a builder we had given paper notice got the land converted through the collector we have invested so much in development can't we get the stay vacated as their are chances that the sisters might have signed but due to the lalach that builder se paisa nikalo, they might take chance

Hasmukh (Owner) 27 May 2014

We had also tried to negotiate with the sisters but their expectations are very very high

T. Kalaiselvan, Advocate (Advocate) 27 May 2014

The only option to this is an out of court settlement through talks and negotiations. If they are not coming for settlement terms, you may have to challenge the case in the court as per law. What is your advocate's opinion on the issue?, With the prevailing situation, your lawyer will be best person to guide you properly.