"Sister wants share in property under pressur.....!"
AMITS
(Querist) 15 April 2010
This query is : Resolved
Firsly, My good wishes to all the learned legal brains who are makeing this interactive platform meanigful!(spcly. to mr. makkad, a.v. vishal,rao sir,hatts off to you guys, keep the good wrk . going), I Have a query n seek ur advice on the following issue :-
(1)we are total 9 brother$sisters , our father late. CM died in dec. 1978 and mother smt. JD died prior to him in jan. 1978.
(2)A B C D E F G H I are (9 CHILDREN)
out of which eldest sister of all childre A
died in 1984(cancer). she has 6 children (all alive).
(3)now, due, to some personal dislikeing and jealousy second sister (B)filed a suit in revenue court in 1994
claiming her share 1/9 in ( PROPERTY NO. 1 WHICH WAS) agricultrural land and which was acquired by state houseing board in 1994 although notice for acqusition were served in 1980, but due to stay order, possession was not taken by houseing board,till 1994 agricultural activities were going on. this was self acquired property by mother (JD). and after the death of mother in jan. 1978. all the 5 sisters had given affidavits surrendering their right and stateing no objection in the property in presence of their father, thus on the basis of the affidavits and death certificate for agricultural land mutation was done in favour of 4 brothers.in 1978. we have the dispatch no register no. but unfortunately ,we are not been able to get the certified copies even under RTI acts. provision as we have been told that the authorities are not bound to provide records older then 20 yrs.mutation stll is in 4 brothers name during these 32 yrs.now , in 2007 an agreement between 4 brothers and houseing board was done and 25% land was given in compensation (residential $commercial), now due to devlopments in city the cost of land grew up and went up in crores (approx.50 crores)
now, in 2009 the second sister (B) gave an affidavit duely signed and thumb impression for withdrawl of case in revenue court by changeing her lawyer, on the basis of her affidavit the sub division magistrate, dissmissed the case on basis of affidavit and vakalatnama of the second lawyer. now, the second sister (B) is haveing 5 children , 1 died in 1994(disease), remaining 4 includeing 1 sister,the eldesdest son of her is a practiceing lawyer ,and politician.and was behind all these legal battles going on since 1994, he is supported by his siblings, as a result of withdrawal case he was furious and got very angery as he knew the land costs in crores of rupees,thus she pressurised his mother with help of his 2 brother and 1 sister and made him signed papers for fileing a fresh suit in civil court for dividation ("baabat:-TAKASAMA AIVAM HISSAB FAIMI")
AND SAID THAT the case was withdrawn by fraud in revenue court, also, complained collector and chief secretary of the state about sub division magistrate, collector asked s.d.m. and he responded that decision was given under rules and law. collector was satisfied.now summons of the fresh suit was served to all the sisters and brothers and children of eldest sister who died much earlier. now, all the remaining 3 sisters have relinquished their rights through a registered relinquished deed.and the six children of eldest sister have given an affidavit stateing that they do not want any share,
it cannot be done through registered deed as they are liveing in seperate places, thus affidavit was given on their behalf.now, lawyer of four brother have initially given affidavit on behalf of sisters that all of them signed a affidavit in presence of their father releaseing their rights in property and allowing mutation to be done in favour of their brothers. through this affidavits they also admitted that all the sisters signed affidavit 32yrs back includeing the sister who is now claiming her share .
besides this they also admitted through affidavit that there was a "will' by her mother which was known to all the brothers by 1980 which also states that she wants to give her self earned property to her 4 sons.now the witness to will were two persons one of them died few yrs back and other is son of the eldest sister . also the deed writer is witness and he is alive . but the son of the second sister(B) WHO IS CLAIMING her share wants an temporary injunction so that brother can not dispose off property.
also, it has come to the knowledge of the 4 brothers that he is planning to claim that the will is fake.....! and he has also given an application in the houseing board to not issue'patta' till the case is decided. houseing board has issued only 'provisonal patta' for the land.(given as compensation. what can be done next towards not getting temporary injunction and to stop him from wasteing time in challengeig will, and doing other act. just to add one more thing; houseing board authorities have given many registered notice since 1994 to second sister (B)asking her to present personally and keep her objections but she never turned up
to houseing board office ,as a result board authorities gave her final chance to appear before the board authorities but she again not appeared. and as a result board authorities had dissmissed the application to stop giveing compensation.
actually, the second sister (B) always had
very good relation with all her brothers and sisters but her one son was jealous of her maternal uncles, as a result he forced her to sign her , every time , she is very old lady in her late seventies and can't get up from her bed she would never be wanting to get financial benefits at this point of her life,but her greedy son who is a lawyer as told earlier is misuseing his profession to blackmail us so, that, we could negotiate with him, and for money s sake his brothers and his sister is also supporting him....! kindly help us through your valuble suggestions to make our way through this legal issue. i am son of one of the 4 brothers.
regards
to all the learned lawyers..........!
Raj Kumar Makkad
(Expert) 15 April 2010
It is very much clear that B personally do not want to disturb already settled partition of the properties inherited either from CM or JD but her greedy son is the real cause of present litigation.
Even though he may be a lawyer but his illegal activities cannot make his way clear in the present case. SDM enquiry has clearly established that revenue authorities have taken action as per law and no fraud has taken place and B is bound by her earlier withdrawal. Separate suit, even if has been filed shall be dismissed as the same is beyond merits.
AMITS
(Querist) 15 April 2010
DEAR,r k makkad sir ,ur promt response is very impressing! you are on top of the table with highest responses and more importantly very tangible feedback, i wish i could see u personally not in matters related to my issue but for thanking you,i could see that you have hell lot of substantive knowledge
to understand and resolve complicated civil issues.
i hope i have already provided with the most of the relevant informations that's why my query is so lenthy...!
in case you require any further information kindly let me know....!
IN my query previously i said that the fresh suit that was filed by second sister(B)Actually, his lawyer son on property (1) that was an agricultural land that i have already discussed,just to add. to the properties list there is one parental house in which 4 brothers are liveing since their childhood.the second sister was married in 1948,and she claimed the house in dec 2010. according to the civil suit filed by her( her lawyer son)she is in possession of two rooms and takeing care of cows. last twenty years.
but in reality she has not been here for last 12 years and that too for 1 hour for haveing dinner at family get together.
also at the time of demice of father C.M. only 180sq yrd. was in his name and rest of around 600 sq yds.adjoining idle land were actually used by brother to make house later survey no were given which were in name of four brothers (for regularisation)and 5 shops adjoining house. were also claimed by second sister(B) BUT that was not at all present at the time father was alive but was build in 1982 for which at that time itself local civic bodies have issued notice for construction.
now, the third and the final property which was claimed by second sister(B)was
money which was received by her mother smt. J.D. after settlement of a dispute over land with his cousion brother( late J.D. did not have any real bother and sister)also it was actually received by her 4 sons in early 80's and sisters have given their accent to sell this property in liu of monetary incentive and registered documents and revenue records show this. later 4 brother brought a piece of land in their name . that is all is the current status of the 3 properties that were claimed by by second sister (B) IN FRESH CIVIL SUIT FILED in dec - jan 2010.
seeking her share in above mentioned 3 properties includeing the land for which she had filed suit in revenue court and later in oct.2009 withdrawan it from revenue court.
dear, all respected and learned lawyers
kindly, let me know the options which can be tried out to get this suit dismissed in court in earliest possible period of time.as everybody is busy in their lifes and do not have much time for these suits as it is meant to irritate 4 brothers .temporary injunction is desired by second sister(B)actually her lawyer son, is there any document that can be signed by her as she cannot get up from her bed. only signature or thumb impression is possible , she is not allowed acess to any of the means of communication.what could be the best way out.......?
in last 5 to 6 dates since december 3 occassion adj. was absent and " behas" could not be done , only the exchange of documents has been possible through lawyers of both the parties. what do you suggest........? how should we move forward.....................?
kindly show right way through your valuable thoughts...........!
