LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Razwan Shaik (abc)     04 January 2014

High value property dispute

Hello,

I have a very high value property dispute to fight for. The following are the details of the property and myself/

Location: Hyderabad, Andhra Pradesh.

Value: Around 100 Cr; approximately 11,000 Sq. Yards (2200 Sq. Yards empty land adjacent to 8800 Sq. Yards occupied by apartments).

Number of present Legal Heirs: 20. 

Last registration title deed: 1936.

Previous Court Cases: 8 LHs out of the 20 LHs won a court case for injunction both in civil court and AP High court in 2004. However, the injunction order is for 2200 open land only 

Property Antecedents: The lady owner of the property died in 1965 unmarried leaving behind her own brother as the sole legal heir of the property, who in-turn had 5 children. The sole LH died in the very next year 1966. Legally these 5 children became legal heirs for the property after their fathers death. However, the property was acquired by the step brother of the lady owner by fraudulent means and they have been in possession of the entire property since then. There is no legal proof of documentation that this step brother is the real owner of the property.  Also, the step brother and his son and grand sons gave written declaration that they are not at all legal heirs for the lady owner in the above said case and lost the case in both civil court and high court. Now, all these 5 LHs are dead and their children, the above mentioned 20 are alive now.  

I am family friend from childhood for these legal heirs and now financially well settled and have full confidence of the current LHs. I got a proposal from all LHs to support them or fight on their behalf in court cases based on agreement, MOU etc. Based on the above, offer I did some homework from my end to get records from government offices on what basis apartment blocks were constructed etc. There is nothing concrete from the defendants side to be worried of about loosing court case etc. However, I have below reservations before I go to court about the 8800 Sq. Yard .

  1. Can I fight for the court case on their behalf? Informally I know I can appoint a lawer etc and go ahead with the case. But I want to bind all the legal heirs legally in court so that in due course time, if they (any or some or all) change their stand, I could go ahead without their need and my investment is safe guarded.
  2. They are willing to sign a compromise / settlement order in court if I take up the case and fight on their behalf for the 8800 Sq. Yards. Can an order be executed in such a manner? With this order, can I after completing the case or during the case, enter into compromise agreement with individual flat owners without the need of LHs to register the property.  
  3.  Also, since the 8 LHs have injunction order for 2200 Sq. Yards vacant land, can the 20 LHs register the said property in my name? Or, shall I have to go for title suite for 2200 Sq. Yards again?
  4. If I need to go for title suite for 11,000 Sq. Yards along with 161 flats in it, what will be the court fee? Market value of 1 Sq. Yard = 65,000/- INR. 1 Sft = 3100/- INR. Approximately: 70,000/- SFT in total constructed area. 

I would be glad for a detailed reply.

Thank You

Razwan



 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register