Property(plot) sold and registered with out having right
yashoda
(Querist) 13 August 2013
This query is : Resolved
I am yashoda 88 years old. My husband expired in the year 1992. We have 3 ancestral properties i.e
two similar buildings,one plot of size 2000 sq.yards(which includes a temple constructed by our fore
fathers in the area of 1500 sq.yards and balance is vacant land). Actually these three properties are
in the name of my husband . After his death according to his instruction a oral partition took place
between me and my two sons. Accordingly those two buildings have come to their share (one builiding
to each) and the 2000 sq.yards (temple+vacant land) has come to my share.
Accordingly I gave affidavit to my sons to make them able to get the name changed in their name in the
muncipaliy. From that day they are enjoying their share properties and they themselves paying muncipal
taxes.
But the temple and vacant land till today in the name of my husband and my self paying those muncipal
taxes.we don’t have any registered document in this respect since it is coming from my husband
forefathers. But in the muncipality still it is in the name of my husband.
Just 2 years back my elder son expired , then his wife and his son sold some part of vacant land (which
actually come to my share) and the sale is registered. After registration only I came to know that they
did this thing and how they believed the party who purchased it just by using proof of muncipal tax
payment slip. They conviced the buyer that they have the right to sell as it is in the name of father in law
and they are the right persons for sell it. The buyer bought it just by depending upon their explanation
and because of the reason they are selling it for very low price.
Then I filed suit in the honourable court against my elder son’s wife ,their son and buyer. I also got
perpetual injunction order. The court has taken my oral evidance by coming to me as I cannot go the
court because of age. The suit is running for last 2 years. Recently I amended my suit by introducing a
request to cancel the registered sale deed.
Even the recent half year ended muncipal tax is also paid by me.
Please guide me on this and why the court is taking such a long time to decide the case infavour me
even the defendants have no proof of owner ship in their name(just they have a previous muncipal tax paid copy in my husband name)
What the order we can expect from the court finally.
Devajyoti Barman
(Expert) 15 August 2013
Why the court take so much time is a million dollar question. Had this been known then more than 3 crores cases may not been pending all over India.
Have patience and stand in the que like other litigants.
