prakashpk 17 January 2015

Which document to follow for property

Hi Sirs,

My father filed case against my grand father and got share (house)through court. Court Appointed commissioner to divide the share. Commissioner made house plan for dividing houses. My father got share and on the same court judgement ( final decree) my father's brother (2 elder brothers) also got share of property which is next to our house. My father's 2 brothers sold the house to one person by using their original Property document not court & commissioner document.

Now problem is, there is a wall between the houses. As per commissioner, wall belongs to us and neighbour claiming that it is belongs to them saying as it is mentioned in their property document ( We call Thai Pathiram in Tamilnadu).

Now which one to follow?..

Because It is divided property by Court and commissioner very clearly given measurement of house and Wall is belongs to us.

As it has gone to court and divided, we believe Property document become invalid?..

But we require advise from experts.

Pls. advise

Regards

Prakash

Reply Follow

2 Replies

Smita (None) 17 January 2015

Hello Prakashji,

I am not a lawyer but I think you should get the demarcations/division etc and the court order updated on the property card or all other ownership documents as per your state and if there is any building plan in the municipal corporation records then meet someone in that office and ask for their help.

Also I think you should submit true copies of whatever court papers you have to all this office and make sure you take acknowledgements of the cover letters you will submit to all this offices. Maintain all paperwork nicely for your future use.

Also after all this is done you send thru a lawyer a polite letter and list all enclosures on the cover letter to your new neighbour explaining everything. Make sure you send this in such a way that you get an acknowledgement from him that he received it.

Thanks

Smita

prakashpk 17 January 2015

Dear Smita Ji,

Thanks for your quick response. We have decree (from 1980) but unfortunately we have not updated property card. But Now issue is, it has gone to the court from 2010 we have submitted all the documents to court.

As it has gone to court, we would like to know the clear details whether Commissioner decree is considered or Property will be considered.

Regards

Prakash