Summons issued - not attending suit
Muruli Mohan K
(Querist) 03 April 2012
This query is : Resolved
We have agriculture land of 2 acre 27 guntas in bangalore. Out of which 1 acre 17 guntas belongs to my father and remaining 1 acre 10 guntas belongs to my uncle as per partition deed.
1. Third party approached assistant commissioner court and filed a PTCL (prohibition to transfer certain lands) suit on both of my father and my uncle and assistant commissioner issued summons. (originally this land is grant land granted in the year 1930 to the grand fateher of petitioner)
2. Now problem is my uncle is not at all contesting the suit. My father is contesting the suit for his extent of 1 acre 17 guntas only. (My uncle is enemy to us). His intention is if we win the suit it applies to his extent of 1 acre 10 guntas also.
3. Please clarify how to go about it. we dont want him to join with us. we contest only our extent of 1 acre 17 guntas. What if my uncle is not contest the suit of his extent of 1acre 10 guntas, chance to petitioner to get ex parte of 1 acre 10 guntas. Please guide us. Thank you
Raj Kumar Makkad
(Expert) 03 April 2012
You have not mentioned how your father and your uncle acquired the mentioned land in their favour. If the aforesaid land was self acquired land of your father and uncle separately then there is no danger if the matter of your uncle goes unrebutted but if the land was joint or ancestral then it may create a danger to even your share.
Your father should have to insist upon the genuineness of the document vide which the land came in favour of your father and your uncle.
V R SHROFF
(Expert) 05 April 2012
YOU FIGHT FOR YOUR SHARED LAND.
Forget if uncle do not contest.
