18 May 2021
Respected Experts Good after noon Plz guide for the below issue
One chinnayya died 30 years ago. He got houses and landed properties from his ancestrals. Some lands they donates to temples. One house is more important, as it is the worshipping place of local deity, ammavaaru. That house is called as the Maternal house of deity. On evry auspicious occassion the family of chinnyya has to visit temple and invite goddess to maternal house. Said chinnyya and his ancestrals as well as the younger son family adore the goddess with utmost faith. During ustav descendents have to perform first puja and present clothes and ornaments to deity. On every dusherra these family members must visit the temple and worship in said house for ten days.
Deceased Chinnayya had Two sons and Three daughters. Narasimha is eldest son and Nagayya is Youngest son of deceased. Prior to death upon the insistence of Narasimha, Seetamma along with Nagayya executed a settlement deed for said house infavour if Narasimha, without the knowledge of other legal heirs or grand children. Now Anand, son of Narasimha restraining the legal heirs to enter into the worshipping place/house. And also trying to sell away the vacant land of joint family property without the consent of other legal heirs of deceased chinnayya.
daughter and son of Nagayya and other are claiming their right to worship goddess in said house and share in the said land property. But son of Narasimha by name Anand applying his muscle, caste strength to restrict the descendants to perform the ancestral custom of worshipping goddess,/village deity and complete the sale transaction of land with the help of local village caste elders.
In such a situation how the daughter and son of Nagayya (counsin sister of Anand) resist the high handed activity of Anand by following legal steps
Can approach proper court praying to allow them into maternal house of goddess and to adore sincerely by continuing their custom by way of writ and pray to cancel the document executed in the year 2012, and not to sale joint family property land of 400sft. Or they for immediate relief or else
serve a legal notice to Anand - Vendor ? And to the Vendee and as well to the sub registrar of that locality not to perform the sale as she along with others are having share in that ancestral property Whether she has file suit ? If so plz let me know under which proviso, to get legal remidy / relief
18 May 2021
Daughter of Nagayya has to file suit for partition of said ancestral land and alonwith suit she has to file petition u/order 39 rule 1&2 CPC and get restrained Anand son of Narasimha by court not to sell and transfer the said ancestral land to any one till the decision of partition suit.
18 May 2021
18 May 2021
Sir I am much thankful to ur response and guidence, But daughter of Nagayya didn't possess any document bcz there is no document of said land
Daughters and sons have an equal share in the property. Even the share of a daughter is sold by the sons it can be challenged in a court of law. In your case, the granddaughter can file a partition suit along with the interim application for urgent relief. In your case, the title can be claimed under adverse possession as possession is more than 40 years. Contact local expert advocate.
19 May 2021
First of all there is no documentary proof with anyone including the deceased Chinnaya to prove the title to the property. Hence without any supporting document or patta or parent documents,Anand cannot execute the registered sale deed in favor of the prospective buyer, at the most he can sell the property by n unregistered sale deed only, which again is an invalid and illegal sale. Therefore, in order to claim partition of the property, anyone filing suit has to prove the title to Chinnaya or the rights over the proeprty by the claimnt by the documentary evidences he or she relies upon. In the absence of any such document and if they rely upon only the law of adverse possession then a suit for declaration of title, along with relief for partition and for injunction may be filed. If court do not entertain the relief of declaration of title then the claimant may apply for joint patta passbook with the revenue department for the entire property by including the names of all the cosharers, if the Tehsildar refuse to issue patta for the reasons he may cite, then on that basis the claimant may file a suit for declaration and also for partition subsequently. Discuss with an advocate in the local and proceed as suggested.