saurabh (business) 21 August 2009

disputed property

i am a resident of punjab.my grandmother bequethed her property on my brother's name.she had 4 brothers and a daughter.all are married.one of my uncle died long way back.His 3 daughters are married.

2 of my uncle is in abroad.my father took care of my grandma.He was used as a puppet as he wasnt able to work permanently as my uncles ordered him to take care of my grandma.my father was youngest.

My grandma knew abt my uncle's attitude and hence made a will and gave her property to my brother who was a minor at that time.my father was a caretaker.

my uncles came to knew abt this after 7 yrs of the will being signed.they started torturing my father and mother.

my fatehr expired some time back.We decided to retain the house.my uncles didnt want us at home.we declined to give them a part or to leave the house.now they have registered a case against us in civil court.they also took a stay against the property.

now the stay has been nullified but the case is still going.they havent bothered to attend even a single procceding.

now another thing is coming in front.they had a draft with them with my grandma's signature.they have turned it into a will which is dater later than ours.the witnesses in them r my aunt(fathers sister and fathers sister-in-law).and they signed it later not in front of my grandma.

we want to sell the house?can we?

will the case still be running on us?

if we sell the house what all will be the complications.will the buying party have to face a case too?cant they make any changes in the house?

if we cant sell then can we make any changes in the house?

hoping for a quick reply

thankyou

regards

saurabh mittal

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3 Replies

saurabh (business) 22 August 2009

Thanks for the prompt reply sir.

Your reply gave us a ray of hope.

As asked by you I am answering some unanswered questions which will help you further to give us your equivocal opinion.

The property was brought by my father and uncles.They brought it on the name of my grandma.

Suit is filed for the ownership rights of the property.My uncles claim that the property should be divided in 3 parts whereas we dont want to give a share in the property to them.The property is on my brothers name and theirs will is fabricated.Also they always played with my father's life and because of that my grandma and father left it as a security to us.We both are in early 20s and have our life to make.Whenever we want to do anything they always raise an obstacle.

They applied for the stay so as to stop us from selling or morgaging the house.They took the one-sided stay and we werent even given a chance to present our side of case.They also used to extend every single hearing further so as to stop us from trying to nullify the stay.

The stay was nullified on the grounds of the considerable time gap between the mutation and the filing of the case.The gap was 10 years.

I would want to know the deemed procedures for declaring them as ex-parte.They havent attended a single hearing as they are out of country for more than a year.The case is running on us from the last 1 and a half years.But they have been sending the attested replies of all the suit papers.Can we still decleare them ex-parte?

Sir can we ask the immigration office to hand over the visa details of them to us.Does the law allow us to do so.If yes then how can we do the same?

The plaintiffs have been keeping their belongings in our house.Can it give their case an edge.Also they have been using our house address as their contact address.Can it bring a doom to our case.

Awaiting your learned reply.

Thank You

Regards

Saurabh Mittal