Execution petition
reena
(Querist) 30 September 2017
This query is : Resolved
Sir ,
My father purchased a plot no X, our neighbour purchased plot no Y from same vendor long back 20yrs back .
As we are not staying there neighbour tried to grab our land,by saying our plot no X belongs to plot no Y by creating false giftdeed made to his relatives.
We filed injunction suit against him for plotno X ,after 6months he also filed injunction suit against us in plot no Y on his suit he stated 1) That our possessed land plot no X belongs to the plot no Y
2)his plot Y as Y/a
3)plot no X was sold to his daughter by simple sale deed by our vendor 20yrs back with simple sale deed
He produced neither that simple saledeed nor her for cross examination.
This both suits ran in jr civil court ,both were decreed.
We went for appeal ,he also filed appeal ,but both were dismissed . happened 8yrs back .
We constructed house in our plot,n in possession.
Now after our father's death he filed execution petition ,by sending summons on our father's name inspite of knowing about our father's death.
I want to know
1) whether to impleade in EP or not ,if yes how to claim
2) can we file another EP for our plot ,on the basis of our injunction decree against him
3)how he is going to benefit by sending summons on our father's name
I will appreciate your concern by spending your valuable time to enlight us .thank you experts
reena
(Querist) 30 September 2017
Please suggest
reena
(Querist) 30 September 2017
Sir , please suggest me..
Guest
(Expert) 30 September 2017
First apply for legal heir certificate in concerned Tehsil Office which would take minimum 30 days.In mean time all the Legal Heirs of your father could file the Counter in the concerned case EP or what ever it is by filing an Affidavit as Legal Heirs along with available proofs Or your Advocate could take time in filing the Counter stating the fact of demise of your father and application of Legal Heir Certificate.Discuss and appoint a Local good Civil Side Advocate.
P. Venu
(Expert) 01 October 2017
How were the suits decreed? Were those suits tried together?
Rajendra K Goyal
(Expert) 01 October 2017
You asked:
1) whether to impleade in EP or not ,if yes how to claim
Reply:
You should oppose the execution. Discuss in detail with your lawyer who is fully aware of case file.
Rajendra K Goyal
(Expert) 01 October 2017
You asked
2) can we file another EP for our plot ,on the basis of our injunction decree against him
Reply:
You can. However, discuss in detail with your lawyer who is fully aware of case file.
You asked
3) how he is going to benefit by sending summons on our father's name
Reply:
Only he can tell.
