Property dispute
cvb
(Querist) 26 October 2012
This query is : Resolved
My grandfather bought 5 acres property and built house and factory on this land. He expired suddenly when I was very young. We are three brothers, and recently due to various issues we decided to stop doing joint business and sold our property to constructor on the agreement that he pays us 35 lakhs initially and once flats are built we each get 4 apartments. All of us including my mother have signed on all the agreement papers. But due to various delays, builder took 3 years to start construction at the Site.
Meanwhile, my 2nd brother's family wanted to stay at the empty house on site. After an year, builder sent out notice to them asking them to vacate ,so that he can start construction. 2nd brother's family did not heed to notice and filed a seperate claim, that this property should be partitioned across all the grand children as they are rightful share holders, and that this documnent is not valid. Also they claim that, 2nd brother did not sign the document though that is not the truth. In few weeks, my 2nd brother changed his mind and wanted to be on our side but he died due to cancer. Now the construction is stalled, and the case is in court ..and they have been taking stay for almost 1 year every other hearing stating false excuses and we are stuck, as we are unable to get any income from this place. My question is from legal point of view, what can we do to fasten this process.
Also I was wondering, if we can issue a court order asking them to vacate the house, as this is not solely their property either. Is that advisable and possible?
Devajyoti Barman
(Expert) 26 October 2012
Since there is order of injunction, you or the builder can do nothing. Disposal of the case would take lot of time.
Since they has share in the property getting order for vacating them is very unlikely.
Try to negotiate and settle the dispute amicably. That is the only feasable option left.
cvb
(Querist) 26 October 2012
Negotiation doesn't seem to be option we have. We have tried that and it has not worked.
Do let me know if there is anything at all I can do legally to put pressure on them or anything that can help us.
Devajyoti Barman
(Expert) 26 October 2012
Then at least ask the court to pass preliminary decree if you admit their share so the case disposed of early.
