Plot area is under disputes
K Nageswara Rao
(Querist) 23 July 2017
This query is : Resolved
Sir/Ma'am,
I am K.Nageswara Rao from Andra Pradesh. I purchased a 5 cents plot (in 2 acre divided plots) and built house with pf money when I retired 3 years ago with out knowing the land history.
History of the land
It is 2 acres comes under semi Industrial Category that belongs to Three brothers. One brother died when his son is a minor. The other two brothers sold the land to a real estate person without the first brother family consent. So first brother son now attained 18 years and filed a case. The case is running now. In future after the verdict (+ve or -ve) what will be my position.
1.Whether 2 brothers give money to First brother family (or)
2.First brother family grabs our plot (or)
3.As Houses are built whether Court orders us to give land value to First brother family
Waiting for your valuable information in this regard.
Rajendra K Goyal
(Expert) 23 July 2017
1. This would be mutual agreement position, get the agreement approved by the cour, take a certified copy...
2. In such case move to court and have a stay.
3. Possibility is less for such orders till you are a party in the case.
Discuss with your lawyer and prey the court to include you as a party in the case as your interest is involved.
M V Gupta
(Expert) 23 July 2017
The sale deed executed by the two brothers does not have the effect of transferring the 1/3rd share of the elder brother to the estate person; and as such the estate person could not transfer the elder brother's share to you and other buyers of the plots in the land. However the court may grant monetary compensation to the elder brother's son, if it finds that the property cannot be sub divided.and handed over to the elder brother's son.One way of getting over the problem is to negotiate with the son of elder brother who filed the suit and settle the matter outside the court and file consent terms for passing decree. Please discuss with the estate person and other plot purchasers and take necessary steps to settle the matter as suggested above. The consent terms should be drafted carefully and filed in the court. Consult an advocate for the purpose.
