Court decree on our House

SPRakesh SP (Querist) 23 April 2010 This query is : Resolved
Hello,

I am Prashanth and I am a resident of Bangalore. This post is about a court decree granted against our house.

My dad had taken an advance of around Rs.110,000/- ELEVEN years ago in 1999 to lease out our house to a person. Due to some inevitable reasons we could not lease the house to the person. Hence we had to return back his advance. However, due to financial problems we could only refund Rs.55,000/- to this person.Hence we had to still pay him Rs.45,000 which we haven't paid him back yet.

Now, after 11 long years this person turns up and asks for the balance Rs 45,000 and the interest totally amounting to Rs.1,80,000. He also says that he has a decree on my house and can evacuate us at any moment if we donot pay him the amount he claims. I am not in the position to pay him any amount. Moreover, my father died 3 years ago in 2006. Also the house that i'm talking about has come to us by heredity from my grandfather.

All the agreements have been made between my father and this person. Neither me nor my mother are part of any agreements. Also, I was just 12 years old when this happened in 1999. Also the decree which he is holding might be very old, like 7 years old at least.

So my question now is: Does the court decree on my house hold any value now on my house or me or my mother?? Should we really respect the decree ?? Can this guy get us vacated from our own house for no mistake of mine or my mothers' ??

Please answer this query at the earliest as I need to speak with this person very soon. I will be thankful if u can help me out of this:)

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bhagwat patil (Expert) 23 April 2010
dont worry, he cannot force to vacate the house. if he comes to your house ask him the copy of so called decree.if he doesnot give you complain to police. dont contact him volenterly.ask him hot to come to ur house. what ever orders he possesses he can excute from court

adv. rajeev ( rajoo ) (Expert) 23 April 2010
Mr. Prashant,
You have to do one thing. You have to file a suit for partition and seperate possession on your mother claiming your share taking a contention that mother is denying to give a share in the suit property i.e., house.
After filing the suit you will have to file an application as an obstructor in the Execution petition, if it is filed by the decree holder.
If you want to discuss in detail you can call 9845078455 Heman R Chandnagoudar, Advocate, Near Chalukya Hotel, High Point: 4 10th floor.

Daksh (Expert) 23 April 2010
Dear Prashanth,

I partly agree with what Mr.Rajeev Rajoo has stated as you have not mentioned what were the averment in the suit which has been decreed and whether you were a party to it or not. More particulars are required as such.

Best Regards
Daksh

Raj Kumar Makkad (Expert) 23 April 2010
I completely agree with Daksh

Uma parameswaran (Expert) 23 April 2010
Clarify about the court order. Try to settle the matter.What ever may be you have owed some amount towards him.