dispute related to ancestral property in village
Suneeta Yadav
(Querist) 03 June 2010
This query is : Resolved
Hello All,
The above mentioned dispute is between my father-in-law (i.e. 1st Party) and his brother's sons (i.e. 2nd Party). The 2nd party constructed a room in which a pumping set was established which is in front of the house of the 1st party. The land belongs to gram samaj it was possessed since the time of anscesters of both the parties. Last year during the process of partition of property through Panchayat it was decided that the 2nd party will shift his pumping set and remove his construction work which is in front of the house of the 1st party, which creates disturbance to the 1st party. Against which the 1st party will pay him Rs.15000/- and leave some land which is in front of the 2nd party's house. The agreement was signed on stamp papers by both parties and the panchayat members. Now when the 1st party is paying the aforesaid sum the 2nd party has refused to take the money and also refused to shift his pumping set and construction work, saying that this amount is not adequate, they need Rs. 100000/- because you are paying the money too late. However, no time limit was mentioned in the agreement, what are the options left before the 1st party.
I would be grateful for the responses and any other feedback, I am thankful to all group members.
with regards.
suneeta yadav
Guest
(Expert) 12 July 2010
Send a legal notice to the 2nd party to settle the issues based on the agreement signed between them.
Since it is an agreement without registration, during the suit filing, mention that this agreement was entered before the Panchayat as settlement of their family property dispute, hence, it was unregistered and on the directions of the court, the parties to the agreement will pay the due stamp duty.
