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mrv16071997 (N.A)     11 August 2012

Property

Sir, we have a un-divide joint family property registered between my fmly & my uncle's fmly.. Now as we want to give a part of land for JD, one of the fmly memeber is not co-operating, instead is blackmailing other members   that he will sign the MOU only if one particular property  in which he resides, (after my father's death) is given exclusively to him even though all of us have equal right in that propty.

Now as we are unemployed, & not well to do and are facing severe finanacial problems, unable to pay the house rents also, and  we have no other go, so we thought of accepting his offer not from our heart,  but bending to the circumstances. and also he is aware that we cant afford even to pay the advocate fees in the present situation, since iam also facing 2 cheque bounce cases in the court.

Pl let me know,  if this kind of blackmailing act for gain, can be challenged in the court, after we accept and register that particular property to him, and how far we shall have chance to regain the property from him.

  thank you sir

 frm xxxxxx



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 August 2012

In that case you let the JD execute the decree against you, your interest in Undivided Coparcenory Property would itself be attached and sold, and in that your relative won't be able to have his way. 

Anish Thakur 7018812737 (advocate)     11 August 2012

dear mallesh,

he had full legal rights as a sharer in that property them he can opt not to sign the mou or anyother  things ,he is free to do anything with his share and if he is demanding then particular house in place of that property it means he is exchanging that part of property with others mean he is leaving his right there to leave your rights in that house,it can not be challenged in court.


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