Is it possible to get possession back ? please guide
jayesh
(Querist) 26 January 2015
This query is : Resolved
Respected members this is not academic query.
Please reply.
Suit property is on the name of B. A is direct younger brother of B. They were in Joint family.
before several years property was on the name of A & after the death of A, B transferred the property on his name illegaly by inserting his name in place of A without the knowledge of hers of A.
B told to the family that this property was purchased by A & B & therefore he has transferred this property on his name & this is a family property in which A & B are equal shareholder.
This was accepted by legal heirs of A. B died & legal heirs of B left this property & went to village.
Thereafter, this property was in the possession of C a one of the legal heir of A till next 20 years & title remains on the name of B.
During this period all the documentary records regarding the ownership of property misplaced from legal heirs of A & B.
After 20 years, situation was that none of the legal heirs of A & B was not in possession of document which can show the title of suit property except the regular rent receipts which were on the name of B & paid by C.
But after 20 years it was agreed between legal heirs of A & B that this property is combine property of A & B.
All the legal heirs of A & B except C who was in possession of suit property, took earnest money from D to sell this property to him & after that pressurized C to take his share & vacate property but C strongly refused.
Therefore, legal heirs of A & B in collussion with D forcefully expelled plaintiff from this property & D took the possession of property.
C filed suit for possession of property against legal heirs of A & B.
After filling suit Sale Deed was executed between legal heirs of B & D & it is shown on the papers that this full property belongs to B & B is the original owner that means this property was never on the name of A & legal heir of B was residing in this property from last 20 years & this property transferred by government department on the name of D in spite of objection taken by C by suppressing original documents of this property with them. (original document of property was only available with Government Department)
At least prima facie C has enough document to show that it was agreed between them that this is combine property of A & B.(it was agreed before the tenant association in writting)
C can prove that initially this property was belong to the A. B is not original owner.
C can prove that on the basis of document with him that C was residing in the property from the last 20 years.
1. In such situation is it possible for C to get justice & get back possession & cancel the sale deed if he fight till the last stage of the suit ?
2. whether C should quit fighting case & make settlement helplessly which is equal to injustice because there is no chance for C to get justice (as per the advice of some colleague & lawyers).
What is proper course of action for C ? Please guide. C is true.
Thank you & sorry for the so long query.
Dr J C Vashista
(Expert) 27 January 2015
Too long story and not a query.
Engage and consult a local lawyer and proceed as advised.
P. Venu
(Expert) 27 January 2015
Query or a story?
Anyhow, the story is inconsistent and in many respects, unreal.
Guest
(Expert) 27 January 2015
Please state, what is your relation with A, B, C or their legal heirs?
jayesh
(Querist) 27 January 2015
Thank you to Dr J C Vashista sir, P. Venu sir & PS Dhingra Sir for reading too long query & giving your time.
It is real & I am a son of C.
Thank you & I will be grateful to you if you give me some guidance on this.
Thank you again.
malipeddi jaggarao
(Expert) 27 January 2015
Mr.Jayesh - As per your post, nobody is having the primary documents to prove their ownership except the secondary documents like tax receipts, transfer of name in the records etc. These are not title to properties. The query starts with - before several years the property was in the name of A. What is the proof to prove this? This is a civil suit by nature. It will take long time for final decision, which is again subject to appeals. If you want to be practical, you should reconcile and strike a compromise.
Rajendra K Goyal
(Expert) 27 January 2015
Full case file has to be referred, consult local lawyer and show him full documents.
T. Kalaiselvan, Advocate
(Expert) 29 January 2015
You local lawyer who has see the entire related papers/documents and is apprised of the prevailing circumstances will be a better person to guide you properly on the subject matter, please take the guidance of a good, expertise and prudent lawyer.
