Agriculture land dispute
umarani
(Querist) 03 May 2015
This query is : Resolved
Am umarani,from madurai tamilnadu. my grandfather property(agriculture land) of 7 acres[ 80lakhs worth] in madurai belongs to 6 persons( my father (84yr old) and 5 daughters and am the second daughter). 15yrs ago , my father alone made a selling agreement with a person (rajasekar)[we 5 daughters didnt sign in that agreement],after that agreement was made rajasekar occupied our land and was not ready to give the amount specified in that agreement, since he behaved like this , my father said he wont sell the land , so rajasekar filed a case on my father in the court . To solve this matter, my father went to his sister's son(sridar) for help , sridar said to my father to sell the land to him , so that he on his own will solve this land dispute,so my father made my 3 sisters alone( last 3 sisters ) to sell the land and they even signed the documents in the register office and gave to sridar [ without getting any money from sridar ] [ note: me,my 1st sister and my father didnt sign in that document ]. But sridar was a fraud , he did not give the money for the land which we sold him and didnt even ask rajasekar to leave the land , but rajasekar is occupied our land for 15 years without giving us any money[one year before we won the case(which was filed by rajasekar)] , and now sridar is saying our full land belongs to him ,[even though only 3 of my sisters alone signed and gave the documents (me,my elder sister,my father didnt sign)] ,sridar is neither ( ready to get the 10 lakhs from us and to move out of the land) nor ( give us the full money for the land which we sold him). since sridar is behaving like this and to prevent him from occupying our land,my father didnt ask rajasekar to move out of the land, so that sridar cant occupy our land when rajasekar is there. My father has borrowed money from so many people , so he is in urgent need of money to settle all the debts , for that he should sell this land only , so for that kindly tell us , how should we file the case in the court to get our land back ???
M.Sheik Mohammed Ali
(Expert) 03 May 2015
if you are free, call me , i am also madurai, but practising now chennai.
umarani
(Querist) 03 May 2015
sir , kindly provide your mobile number so that we can contact you ???
Kumar Doab
(Expert) 03 May 2015
You may show all docs on record including the sale agreements,sale deeds, mutation records etc to an able lawyer specializing in revenue/property/civil matters.................understand the remedies, merits and proceed further after you have understood.
If you have a share and have not signed to sell or power to sell then your share should remain intact.
umarani
(Querist) 03 May 2015
sir so what u meant by this, is wil we win the case ?? and mistake is on their part ??
P. Venu
(Expert) 04 May 2015
The query reveal too many tentative facts. A sound option for you is to file a suit for partition making other joint-holders and the person in possession as parties and the facts unfold through their pleadings.
Rajendra K Goyal
(Expert) 04 May 2015
All the documents and previous decision need to be referred, consult local lawyer.
Dr J C Vashista
(Expert) 04 May 2015
I agree with experts all relevant documents, agreements/deeds executed are to be perused by a local lawyer for proper analyzing, guidance, advise and proceeding.
How your father was silent and sitting on an agreement to sell, which is stated to be 15 years old?
umarani
(Querist) 04 May 2015
sir , my father was so soft natured , had money problem ,in village , no son , so unable to fight with him !
T. Kalaiselvan, Advocate
(Expert) 06 May 2015
You say that it was your grandfather's property and also say that it belongs to 6, i.e., your father and 5 sisters, how was this possible? due to a Will by your grandfather or settlement jointly in everyone's favor?,
Well if you confirm that you have a share in the property, even now you can file a partition suit along with an application for injunction restraining others from alienating the property. Take the help of a local lawyer and proceed as per his advice.
