Upgrad LLM

cousions rejected family partition agreement and file a suit


Hello, 

 I have a property land in a village haryana. The partition agreement between my father and brothers was done in 1989 in the presnce os a surpanch. it was signed by all the brothers in the prersence of surpanch and on a stamp paper with stamps. With that we have a plot since 1989 that is our house cum plot, others have houses and plot . We didnot took a house and settled for this plot with everybody agreement. That agreemnet was not executed because of the trust between brother. We had a boundry of that land, with electricity and water connection and tennents paying the rent to us since 1989. It was peaceful and undisputed posession. Now suddenly after 24 yrs  sons of one brother refused to accept that agreement saying that they were not presnt that time and only their father was. Also they wanted share in all the land and they dont agrre with the ageement . Rightnow they have much more share of the property then they lshould legally have.  They tried to displace me from that land forecfully and take the possession which they could not, I files a police complaint and they filed a suit for stay on sale .. can anything to be done so that not stay is given for sale of that property. Out of six brothers between whom agreement was made  five are accepting that only one,s son are not agreeing. They are of criminal natute.  Kindly help.    I 

 
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Practicing Advocate

When the suit is already filed in the court, you fight it out. The legality and the validity of the deed  and all can be seen only after perusal of all the documents relating to the disputed land. Take all the documents to a local lawyer and contest the case properly.

 
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Thanks, But court has asked for a appearance,,,,,,,can the court not grant the saty order for the deal as i had made a deal foe sale of the land in Dec 2012

 
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U should appear in the court through your Lawyer and put your contentions before the court to not grant stay on sale.

 
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