Moter's property hindu
skaran
(Querist) 06 February 2014
This query is : Resolved
IN THE COURT OF DISTRICT MUNIFF AT
O.S.No. of 2013
Mr.V.Sudhakaran S/o Late. Mr.,
... Plaintiff
-Vs-
.. Defendants
AFFIDAVIT OF Mr. V.SUDHAKARAN
I, Mr.V.Sudhakaran S/o Late. Mr. , aged about
.
1. I am the Plaintiff in the above suit and as such I am well acquainted with the facts and circumstances of the case.
2. I respectfully submit that, the first and second defendants are brothers of the plaintiff and all are residing at the same roof in the schedule mentioned property. It is further submitted that, the below said schedule mentioned property was owned and possessed by the mother of the plaintiff and the first and second defendant’s, Late. Mrs. Wife of Late. Mr. . She had purchased the same from and out of her resource and funds provided by our father late. Mr. and the same was registered on15.02.1972 as document no 182 of 1972. Since from then she was in absolute possession and enjoyment in the schedule mentioned property along with family.
Late. Mr. (Father)
Late. Mrs. (Mother)
1. Mr.V.Sudhakaran
2. Mr.V.
3. Mr.V.
3. I Submit that, myself, the first and second defendant are the sons of Late. Mr. and Late. Mrs. . It is submits that, Late. Mrs. died intestate on 15.07.1982 leaving behind our father Late. Mr. and we as heirs and subsequently we are the surveying legal heirs to our schedule property and after her death the schedule property was jointly hold and enjoyed by us in common.
4. I submit that, our father Late. Mr. also died intestate leaving behind us as heirs. Therefore myself and the first and second defendant are the legal heirs to the schedule property hereunder. I further submit that, after the death of our parents Late. Mr. and Late. Mrs. myself, the first and second defendant becomes the absolute owners of the schedule property.
5. I submit that, I along with the first and second defendant am in absolute possession and enjoyment in the schedule property and thereafter we are jointly in possession of the schedule property. For our convince we had made an oral partition among our self for our betterment use of the property and allotted their share among ourselves.
6. I submit that, the first and second defendant out of our own wish and will had executed a release deed in the favour of me on 02.03.1992 before the sub-registrar office at and the same was registered as the document no. 618 of 92. In which the first and second defendant had voluntarily released their share in the schedule property to an extent of 1060 Sq.feet out of 1600 sq.feet which was received by them as their share in the property after the demise of our parents.
7. I submit that, the total extent of the schedule mentioned property was 2430 sq.feet, out of which I along with the first and second defendant shares 810 sq.feet of land in the scheduled property. It is submitted that, the first and second defendant voluntarily had executed the release deed in favour of me by relinquishing all their rights, title and interest in their share of schedule property to an extent of 1060 Sq. feet by receiving the consideration amount of Rs.2,500/- each totaling to a sum of Rs.5,000/- jointly.
8. I submit that, from the date of the release deed in favour of me, I was put to absolute possession and enjoyment of the same. I further had constructed a super structure over the schedule property, by obtaining a loan from the Food Corporation of India, Chennai after the release deed in my favour in the year 1992. Out of my hard earned money I had developed the schedule property for my usage.
9. I submit that, the first and second defendant had now indulging in all illegal activities to dispose their share in the whole property which was already released to me in the year 1992. As per the release deed the out of 1600 Sq.feet of their share they had released to an extent of 1060 Sq.feet. and now they are entitled to 530 sq.feet as per the deed. myself and the first and second defendant had no dispute with regard to the same till the market value of the property was low, now since the market value of the property was peak in that locality all of sudden the first and second defendant is making all illegal tactics to alienate the share of me which was already in my possession.
10. I Submit that, the first and second defendant along with the politically influenced person of the local bigwigs are now trying to alienate the schedule property for a huge amount with the influence in the local Sub-registration office by way of undue influence and with the bad intention to demolish my house and throw me on street. With the local influence of first and second defendant are trying to alienate the property which was already conveyed in favour of me.
11. I further submit that all the illegal activities of the defendant is to illegally occupy the schedule mentioned property by throwing me into street and if the defendant succeeds in his unlawful attempts to sell the schedule mentioned property, it would result in irreparable injury and damage to me and the suit will also become infructuous.
12. I am approaching this Hon'ble Court for a relief at the hands of this Hon'ble Court as the monstrosity of the situation requires this Hon'ble Court to aid me against the unlawful and illegal activities of the Defendants and its members.
Therefore, I herein and due hereby declare that the above fact stated in the plaint from para 1 to 12 are true and correct to the best of knowledge and belief.
Solemnly affirmed at Chennai on Before Me
this day of July, 2013 and
put his signature in my presence Advocate/ Chennai
my query;
my elder & younger brothers wrote release deed in my mother's land to 1060 sq.ft. out of 2430 sq.ft. plot in favour of me, for which, no signature of me. Already my mother and father expired. then elder brother also dead. now my question is I have not signed any papers; 1.what is my eligible that I am eligible for share that building in my mother's land; 2.my signature criteria; 3.I want to know that my signature is necessary or not.
R.K Nanda
(Expert) 06 February 2014
what u want to ask?
Guest
(Expert) 07 February 2014
Have you obtained Stay
T. Kalaiselvan, Advocate
(Expert) 08 February 2014
A beautiful piece of long story narrated without any sigh of relief, but failed to put the question for relief.
