Declaration of property

Querist : Anonymous (Querist) 29 December 2011 This query is : Resolved
Sir,
I have purchased some land in my native place out of my own money eaned from my salary. I am living separately at Bangalore since from marriage. Out of that land I conveted some portion in to DC convertion and constructed a small house there so with a purpose to stay in that house whenever i and my family visit our native place. My parents along with my sister family and also my younger brother were also staying in the same house with my permission only. Consequent to my brothers marriage in 2006 there started disputes and qurells in that house. My mother and sister family were harrased by my brother and wife. His wife started threatening them that she will lodge dowerry case against and use to tell that she will see that they will be put into jail by giving harresment case. So naturally my mother and my sister left that house and went and stayed in my sister house. I filed a suite for declaration for my property which is self acuired by me along with partion for ancister property which is in my fathers name. Now my brther and my father are staying in that house happyly enjoying all the income earned out in ancister property and telling that they both togather had constructed the house there. Sir is there any method we can use that the case is settled as early as possible. because there is already 4 years over from the date of filing the suite. How to prove that it is a self acquired property i have not taken any loan for puchase of the land or for construction of house there. The sale deed is in my name. I have acquired this out of savings and i have also used my wifes money which she has earned from her salary.

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Devajyoti Barman (Expert) 29 December 2011
In stead of fining a declaratory suit you should have filed a suit for eviction of licensee.
Make amendment of plaint and add the prayer for eviction as well as it may loose all the valuable time in getting effective relief.

In the partition suit you should immediately apply for appointment of Receiver for collecting fruits out of it and for rendition of accounts.

prabhakar singh (Expert) 29 December 2011
The sale deed in your favor is itself a prove that property is bought by you,then you might have deposited money and might have withdrawn that for paying consideration ,if paid in cash,the evidence of seller and witnesses on deed that you paid the consideration and the sale was made to you are some mode to prove your self acquisition.

Your suit is, how ever, not happily filed as desired in law,you should amend the plaint for possession of this property telling them caretaker or licencee under your oral permission and that was revoked
by you and in addition you should also add relief for damages for wrongful use and occupation and wrongful utilization of usufructs of the property.
I think you might have filled partition suit for other properties that your father has inherited from his father on a date when you were born in presence of your grand father.

Sankaranarayanan (Expert) 29 December 2011
well said by mr barman and prabhakar , follow their advise and follow accordingly

Deepak Nair (Expert) 29 December 2011
Sufficiently advised by the experts. Do as advised.

Rajeev Kumar (Expert) 29 December 2011
Well advise by our ld.experts. Do as advised

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