Dear Sirs,
I request you to kindly guide me the following matter :
My grand mother wrote a Will in the year of 1930 in connection with her property – The Will was registered in the sub-Registrar’s Office in the same year. On the basis of the Will, 1/3rd of the property for her daughter and 2/3rd of the
Property to her Son ( The son was minor at the time of making Will – hence, her daughter was a made a Guardian until the age of major of her son ). As per the Will document, my father would not do any harm to property and he will not be in a position to sale or any other activity. As per the Will Document, my father’s legal heirs are only to possess the said land. After the attainment the age of major, my father joined in the Army and left his home land and settled in another State. My grand mother dead in the year 1948. By the time, she was possession of the said land. After the marriage of my Aunt, She sold 1/3rd of her of the property, to my close relatives – after the death of my grand mother, they utilizing the land for residential purples and cultivation in the name of my grand mother. But, the 2/3rd of the property of my father did not come under Sale, he got some money ( Below Rs.1000/- ) from the relatives for the possession of the said land and house until the repayment of his borrowed money. That was written document and not registered. As per the Will document, he was the real owner of the said land. Our family ( including my father ) was settled in another State. My father dead in the year 1967. After the knowing the fact, the relatives are enjoying the full possession of the my father’s property and not interested to return to the same as I am the legal heir of my father. Still they are enjoying the same property. Several times, I approached the Relatives, for returning the property and they did not respond to me. Meanwhile, under the UDR scheme in Tamil Nadu, the d property Pattas were issued in the name of the Relatives - Though, the Will is there in the name of my father and the Revenue Authorities of the said juridisction, they issued/changed the property in their names. And old records in the name of my grand mother not at present, the records may be kept somewhere By Revenue Authorities or it may sent out/destroyed. Under UDR Scheme ( 1983 to 1990 ) the pattas were issued in the name of my relatives – I do not the fact.
The land is under litigation in the Court of Tamil Nadu till date. The Respondents not appeared in the Court through their Lawyer or in person. But only one time, one of the respondent’s representative ( Lawyer ) appeared and further there was no appearance from their side. The Court gave preliminary judgement in favour me and awaiting for Final judgement for the partition of the land. Meanwhile, though the land is under litigation ( the relatives know the fact of the preliminary judgement of the case)
One of the respondent, bulild a Temple in the said litigation and made Kumbabisegam and doing poojas and collecting revenue
From the devotees indirectly till date. I informed this illegal activities of the Respondent – by orally and on behalf my Lawyer stating that until final order of the court, not to do any illegal activities in the litigation land. They did not reply to my letters. As per the UDR scheme, they got pattas, they themselves thinking that they are true owners of the said property. Finally, they gave Objection on behalf their Lawyer. The matter is going on for further action in the Court.
My points are that :
As the relatives have got pattas in their name under UDR scheme and possessing the property for the past 60 years – paying house tax and rent tax - Then Revenue Authorities and the relatives have not taken the subject matter of Will which was written by grand mother was the real owner of the property in the year 1930 to 1948 – and until the death my father in the year 1967.
Am I real owner of the said property till date ?
Are the relatives are owner of the said property on the basis of the above said matter ?
Where I can get the records my grand mother - regarding the property from the year 1930 – ( Already I got certified copies of the will and sale agreement made by Aunt – produced in the Court for the claiming ownership )
What kind of action on the relative who did illegal activity - during the time of litigation - build a temple and doing pooja and others things - I have to take on him ?
Once again I request you kindly clarify the same.
Thanking you,
D.Dakshina Murthy
