Land dispute

Querist : Anonymous (Querist) 24 November 2011 This query is : Resolved
Sir

My dad has 12 brothers and sisters puttogether. They had an ancestral property in Hosur. When his mother died as he was the responsible of the lot, his mother gave him the power of attorney for the property. Later with the consent of all the brothers the property was sold in 2001 and the amount shared equally among everyone. This has been acknowledged by all the brothers signing also. Now in 2010 9 of them have again filed case aganist my dad saying he has cheated and taken more share than the others and they need their due. The case has been filed on dad, his 2 other brothers, whom also they claim have helped him and on the person who bought the property from them. In reality this is not the case. The signatures they claim is not theirs and say it has been forged. The case is going on in Bangalore and last month only my dad also went and came to court as it was his hearing. Now as the brothers feel they might not have strong hold they are just scaring dad that if they dont get justice here, they will go to supreme court and seek justice. As my dad is a very god fearing and truthful man always wanted to avoid such problems in life, he has done what he can to the best of his knowledge and now is very disturbed with all this. He is 72 years old. If the case works on our side, kindly suggest what can happen next?

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prabhakar singh (Expert) 24 November 2011
Working on your side means ,they can file appeal,then second appeal would be very to get admitted then after that SLP but this all courses are not so easy to cross by a money realization suit.

So assure your father not to worry.When he has done no rong he should not feel any botheration of these things.

Rajeev Kumar (Expert) 24 November 2011
Agree with Prabhakar sir

Querist : Anonymous (Querist) 24 November 2011
Thank you Prabhakar sir. Couple of doubts in your query.

1. second appeal would be very to get admitted - I did not quite understand this point. Can you please explain what this means.

2. SLP - What is SLP?

Querist : Anonymous (Querist) 24 November 2011
sorry one more question to that.. you said they can file appeal? Where they can do that? in high court, supreme court where?

prabhakar singh (Expert) 24 November 2011
Let me tell you as follows:

1)The proceedings going on are called SUIT.

2)A decision in suit is challenged by an appeal called First Appeal.subject amount or valuation it may lie either before district judge or before high court.

3)Against first appeal lies second appeal but a second appeal is not admitted for hearing unless any substantial question of law is found involved.And that is least possible to frame in any money suit.

4)After second appeal one can file a special leave petition(SLP) before the supreme court,WHICH IF GRANTED THE CASE IS HEARD ON MERIT BY SUPREME COURT.

5)The phase 3 & 4 above is least possible
any money suit can arrive at,because chances would be 99% of dismissal on just admission stage.

prabhakar singh (Expert) 24 November 2011
"to get admitted"
omission of typing,today my eye has some more strain than usual.

you need to read after inserting "tough"before the phrase so as to read it "tough to get admitted"