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land dispute

(Querist) 29 July 2008 This query is : Resolved 
Dear Legal Experts
I have two sites registered in my name by my mother 8 yeras back and also the original land owner and his sons and daugheter have agreed to this and have made a confirmation deed in the registers office six months Back.And also another site bought directly from a third party. After my marriage my mother and my wife had some differences due to this my mother along with my elder brother(who has married a christian girl and also changed his name and his children name also ends with cristian sir name) are asking a share for my brother from all the properties registered in my name according to hindu law, and have issued a notice from civil court from my Brother not to alienate the above said properties stating that the above mentioned properties are of our father's and we have not made equal shares between us. My Father, my Mother and Myself have been made defendents and my brother the plaintiff. My father is not residing with us from the past 10 years. he has anotherwife and living seperatly. my mother is in my brothers side. The properties which are registered or bought form my mother are her self aquired properties.my father has nothing to do with that. please help me in this case
shivakumarbs (Querist) 29 July 2008
can a os suit property can be sold?please help me
Srinivas.B.S.S.T (Expert) 29 July 2008
If the court had ordered injunction then you can not sell the property. Please tell me in whose name the property stands? I mean the document as well the house tax, electricity and other receipts. If all of they stands in your name then no one can ask partition from you. For further details you can mail me at s_bsst@yahoo.com
V.Raghavan (Expert) 30 July 2008
Dear Shivakumarbs,
when the sites were registered in your name? Is it before your brother's marriage or not? Was the sites were purchases when your father was with you?
If you were major at the time of registration the chance for your brother is very less. We require more details.
ESTHERPRIYA (Expert) 30 July 2008
As the property is registered in your name, no one can deny your legal ownership as the 8 years over, as per the Scheduel of the Limitation Act, 1963 3 years is the period within which he would have sue you. Thus the main contention can be the suit is time barred and liable to be dismissed in limine as it is an after thought by your brother. Hence to sell the property during the course of litigation is not legally right. Such advise will demeen the dignity of Judiciary. It is better to dispose it and then sell the same. You have a good case to be proceeded. Moreover the litigated property will be valued very less and the plaintiff, your brother will take it as a defence that those properties are not yours and moreover the purchaser who is aware of the litigation will not get a clear title and a bonafide purchaser is involved then in both cases you will be faced with another suit for damages by the purchaser.Decide well.


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