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Mani (IT Analyst)     07 August 2012

Undivided property deal

Dear Sir/Madam,

I am here seeking for very valuable feedback from you. 1985, land was purchased and the deed owned by the name of my father & mother as a common undivided property. The land was gifted to my parents by my grandfather(mother's parents) after their marriage(1985) but didn't mention in the deed that it is a marriage gift. Later 1997, we had constructed a house and we have been living the same house since 1997. My father is utter worst person in terms of behaviour and all, due to this he has not been with us since 2007. At that time(2007) he tried to sale the house followed the land, so my mother gone through a lawyer with a  lawyer notice to my father and his parents stating that he can not sale the land becasue it was gifted by my parents which is not purchased by his own and also we had given public notice in a leading newspaper on 2007 that if property is sold by him then it will be a invalid one.

After that he didn't responded to our lawyer's notice and the land is been our control since today too. Last year we extended the house with huge amout of loans(personal loans). Recently, we came to know that the half of the land(including house) was sold to someone, the deal done on decemeber 2010 and till now the person is not come to our land but deed is done by his name on Dec,2010.

Now, we have filed a case in court which is in progress. whether my case will be succeeded to our favour or not? Please share your comments with me.

I'm hoping for your reply's.


Thanks,

Mani

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 2 Replies

surjit singh (Assistant)     07 August 2012

Since the gift was also in the name of your father, your father has got the right to do so, but the question here is your mother or you have got the first right to purchase the said portion of the house and land because that is where you are residing  and you people are living. Get a copy of the deed executed in december 2010 and apply for its cancellation, stating the date also when it came to your knowledge, becaue the deed was executed secretly, you have better chance for success.

You can also approach the civil revenue auhority for cancellation of the mutation if done in the purchaser's name. If the mutation is not done give an application asking the authority not to make any mutation order in the name of the new purchaser.

Mani (IT Analyst)     07 August 2012

Dear Surjith Singh,


Thanks for your quick response. Actually the half of the land(including house) is transfered to the third party who is fraud person having polotical back ground. The thing is my father really cheated by him becasuse my father is uneducatated  also innocense. The land worth is nearly 1.5 crores but he given to my father only 1.5 lacks.


Now, my father is supporting to me. He is ready to do what ever I say. I heard we can make agreement to some one(who should be our supported person)prior to December 2010, is it right way to hit him?


Also, my father filed case in civil court. my father given statement to our favour that the land was given as a gifted one also that is truth one, even my village people knows it and ready to give evidence in court if required. During 2007 we given in public advertisement in Daily news paper stating that land is gifted one from mother side and no one can purschase it.

 

I have one sister also she is 17 years old, else she can file any case against my father to get some share? Please advise me.. so thanks for reading and spend your valuable time.


Really, we are depending on it only. Please guide us sir.

 

Thank you very much,

Mani


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