To file injunction order
Paul
(Querist) 09 February 2012
This query is : Resolved
Dear Sir/Madam
Thank You for quick reply.
Discreption of the case. the property of 532y register in the year 1937 to my great grand father at my mother village, my great grand father had two sons (S1, S2 equal share of 266y). Great grand father nor grand father did any partation amoung them but living with understanding. My mother is only the daughter to S1, and The share of 266y. Before my mother Born S1 adopted (Not Legeally) Baby girl and did all the farmalities till Her marrage. my mother too got married and settle in hyderabad. My grand mother passed away in 1978 and till 1980 grand father stay with us, later with depression for my grand mother, he want to stay in the village along with his brother and relatives, In 1981 my grand father passed away, but in 1980 the adopted daughter cheated my mother by called for a cause by telling, as they arrange a marrage to her daughter (minor at that time) so she can look after my grand father so they need my mothers witness signature for marrage. without hesitate she did the signature out of trust. From then Adopted daughters daughter staying in the house site. After 32years ( in between she used to visit the village) when my mother approch to hadover the house site but they refuse to give and telling every one that my mother did an settlement gift deed to her. When she asked to show the documents they showed the gift deed register copy where my grand father thumb impression and my mothers witness signature. And they are abuseing my mother with volgur language. Will u please guide us in getting back the property, few of my friends said to file CIVIL SUIT/INJUNCTION Ordes.
Need few clarafication.
1. Is there any law to give gift deed to someone before the partation(Amoung my grang father).
2. By doing the withness signature did my mothe lost her rights in the property.
3. In gift deed they register open space Even there is Contructed house in the place. so for open place did Survey No is required or not, Because i come accross that there is no Sy # mention in the deed and Link document no is wrong.
4. We approch local police station but they refuse to take as it is CIVIL Matter.
5. Nor local heads nor gram panchyat nor VRO are involing in this case and proclaming they are in the possession.
6. We have taken the EC (from 1937 to 2011), CC but the gift deed discreption in not Available, EC is totally blank.
7. they dont have any house tax bill nor land tax bills. Nor We have any bills but we have only proof of Orginal property document of 1937.
Please let me know to get back the possession on that land
Thank you
Raj Kumar Makkad
(Expert) 09 February 2012
1. There is no requirement of pre partition for making gift.
2. As the property was self acquired of your grand-father (though inherited from his father) so your mother had no right therein and moreover by becoming witness to the registered gift deed, she lost her all rights.
3. It you find such lacuena then definitely can challenge the gift on the ground that the property gifted has no relation with the survey no. shown there.
4. Police is correct.
5. You have no need of their help. File a civil suit before Civil court after obtaining entire documents from revenue office.
6. In the given facts, the possibilities of your win have increased.
7. It hardly matters.
File suit for partition and possession before civil court.
prabhakar singh
(Expert) 10 February 2012
1.The share of a property can be legally gifted even without without partition.
2.Yes.
3.In such a situation gift can be held bad for uncertainty since property gifted is unidentified.
4.police is right.
5.you do not need to approach them.
6.It is a favorable situation for you.
7.Original property document of 1937 is sufficient.Since the gift is of vacant land while on spot there is house and survey number mentioned in the gift deed is wrong,
you have a good case in courts.
Engage a competent civil lawyer of your area with all papers you have.
Paul
(Querist) 22 August 2012
Dear Sir
As per your advice we approach the Local Lawyer, according to him we register the land on our sister name and filed for possession & induction order before "IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE". Produce all the document what we have, for first few hearing the case was in a favor of us but our plea was rejected (Induction Order) due to insufficient proof.
Now they constructing a house we want to stop, but they arrange required proofs like patchyat tax bill, current bills, ects..
we again file the case "IN THE COURT OF ADDITIONAL DISTRICT JUDGE" before summer holidays after two months of applying we got Hearing on 03.09.2012.
need some clarifications
1.Does the document are valued which they produce now
2. Does the court notices will reach to appointment because we came to know they didn't received to them
3. is there any chances of getting the INDUCTION Order.
Paul
(Querist) 08 August 2014
Dear Sir
As per your advice we approach the Local Lawyer, according to him we register the land on our sister name and filed for possession & induction order before "IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE". Produce all the document what we have, for first few hearing the case was in a favor of us but our plea was rejected (Induction Order) due to insufficient proof.
Now they constructing a house we want to stop, but they arrange required proofs like patchyat tax bill, current bills, ects..
we again file the case "IN THE COURT OF ADDITIONAL DISTRICT JUDGE" before summer holidays after two months of applying we got Hearing on 03.09.2012.
need some clarifications
1.Does the document are valued which they produce now
2. Does the court notices will reach to appointment because we came to know they didn't received to them
3. is there any chances of getting the INDUCTION Order.
4. Now 2014 they constructed an house and enjoying the liabilities of our property.
5. We never got a call from our Lawyer reg the case and when ever we call he says about the next hearing and hang the call.
we never get the proper answer and for what hearings are for.
6. Is any hope to be kept in this case of getting and what further step to taken pls guide sirs
Raj Kumar Makkad
(Expert) 09 August 2014
Until and unless experts go through the contents of the judgment passed by lower court in the light of the pleadings of the parties, no advice can be offered to you except the procedural law that the notice can be got delivered by hand with the help of the court staff.
Consult with your lawyer in this regard.
