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Sheelu P Rao ( professional)     21 May 2011

Sons claiming share

  I purchased a plot in  1995 in  the then newly formed gated community comprising of 72 plots from Mr Y. Mr Y had  obtained the  land from Mr X.  and converted them into plots. Mr X to whom the land belonged had acquired it under the order passsd by the land tribunal  , bangalore south. As the area was not developed, most of the plot owners dis not undertake any activity.  In 2006, we came to know that  Mr X second wife children had  moved to the court claiming  ashare on the said property  citing they were minors when their father disposed the property to Mr Y. Now the plot owners are unable to sell  or consruct as the sons are using muscle power to Demand money from hapless plot owners.

Are the children right in claiming the property. Is there any time frame after becoming major to stake  a claim. Children are demanding money proportionated to the current market price.

Please advive

Rao



Learning

 7 Replies

A V Vishal (Advocate)     21 May 2011

If it is self acquired property of Mr X then the claim of his second wife's sons would not stand in the court, however, if Mr X acquired from his father or forefathers then the entire case needs to be considered to form an opinion.

Advocate M.Bhadra   21 May 2011

Claim of second wife and her sons would not merit to moved the court, as it was self acquired by X and said person transfered the property to Y. This is a civil matter which will take some tine to dispose off.

Sheelu P Rao ( professional)     21 May 2011

The document that we received from Mr Y On the history of the said land clearly states that it is a self acquired property. But the children insist that it is  an ancestral property.    The children have filed  a case against the father though all are party to  money extraction . 

A V Vishal (Advocate)     22 May 2011

There is no problem since the children will have to prove their assertion that it is a ancestral property which is not possible by them.

Sheelu P Rao ( professional)     23 May 2011

Thanks so much. It all seems so  straight  forward. But unfortunately, the educated class of plot owners  are finding it increasingly difficult to  handle the local heavy weights who have lnvolved themselves to spin some quick money.  Also there is  a feeling that these cases may take ages to settle and menwhile the local heavy weights may  make false documents and illegally usurp their hard earned investments. Its all very frustrating.

So cpmpromise and get out of the troubleis what many of the owners are feeling. Why shou;d we pay them for what is legally ours/ 

After taking deep trouble to raise the money for the plot , our troubles seem to follow us even after 15 years .

Do such pending cases really take years to settle?

Sheelu P Rao ( professional)     25 July 2011

This is in continuation of my  earlier postings. The children of Mr X  are claimimg 1/3rd right over the property saying its ancestral. The father  had sold the  gram thana land to Mr Y   wat back in 1993. Mr Y had converted the land into 72 sites and sold it to us. In 2006 the sons filed a petition  against father  saying   that they were minors when the property was sold off. when we came to know   about it ,  a dozen plot owners filed  a counter petition   stating or views .  With the matter in court ,  the children along with local  instigators and heavy weights  are demanding money from  plot owners to settle matters  at individual level to begin any activity on their  plots

Now 35 plot qwners  are collectively settling the issue.  What legal documents would ensure that once the settlements are done we have no  Future problems from  them?

Would  a family tree of Mr X  , letter of confirmation  and   an caveat filed  by all the owners who have collectively settled the issue thriugh payments be enough . Please advice so that we have no  problems from them.

Sheelu P Rao ( professional)     25 July 2011

Mr X had sold the property to mr y who formed the layout . Mx X"s  children are claiming 1/3rd share. . We have bought the plot from Mr Y.  whose name appears in the sale deed.  Now we are offereing  an out of court  settlement for Mr X's children. 

Who all should sign the deed of confirmation?


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