HELLO TO ALL SENIOR MEMBERS.
HI SENIORS I AND MY SISTER AND MY MOTHER ARE STAYING AWAY FROM MY FATHER AS THERE IS A FAMILY DISPUTE BETWEEN MY FATHER AND MY MOTHER.
BUT NOW THERE IS A DISPUTE REGARDING MY FATHERS PROPERTY.CAN ANY BODY SUGGEST ME THE RIGHT WAY HOW TO RESOLVE THIS ISSUE THROUGH COURT.
MY FATHER HAS GOT 2.06 ACRES OF AGRICULTURE LAND IN THE YEAR 2001 BY MEANS OF PARTITION DEED AND GOT REGISTERED AS 2912/2001.THIS PARTITION DEED DONE BETWEEN MY FATHER AND HIS BROTHER AND MY GRAND FATHER.TOTAL HUF PROPERTY WAS SETTLED THROUGH THIS REGISTERED PARTITION DEED IN TO THREE UNEQUAL SHARES.
MY GRAND FATHER HAS GOT 90 CENTS OF LAND BY THIS PATITION DEED.
MY PATERNAL UNCLE (MY FATHERS BROTHER) HAS GOT 50 CENT OF LAND AND A BUILDING BY THIS PARTITION.
MY FATHER GOT 2.06 ACRE BY THIS PARTITION.
WHILE THEY ARE DOING THIS PARTITION THEY ASKED ME AND TOOK SIGNATURE OF ME THAT I AM AGREED TO DO THIS PARTITION.I ALSO AGREED AND DONE MY SIGNATURE IN THIS 2001YEARS PARTITION DEED.
FROM THERE ONWORDS HE IS ENJOYING THE PROPERTY.HE IS ALSO HAVING PATTADHAR PASSBOOKS ISSUED ON HIS NAME IN THE YEAR OF 2001.HE IS ALSO PAYING LAND TAX FROM 2001 TO 2011 AND HAVING THE LAND TAX RECEIPTS PAID ON HAND.HE TOOK LOAN AGAINST THE PROPERTY IN 2011 IN COOPERATIVE SOCEITY BANK AND THIS LOAN IS TO BE CLEARED OUT BY THE YEAR 2014.
ALL THE ABOVE LAND TAX RECEIPTS AND LOAN IN BANK AND PATTADHAR PASSBOOKS PROVE THAT MY FATHER WAS THE TITLE HOLDER OF THE PROPERTY.
I AND MY SISTER ARE THE LEGAL HEIRS TO MY FATHER.AND WE ARE 30YEARS OF AGE NOW.
IN THE FEB MONTH OF 2012 MY FATHER HAS DONE SOME UNREGISTERED AGREEMENT TO SELL HIS 2.06 ACRES TO SOME REALTOR WITH OUT INFORMING ME AND MY SISTER.
WHEN WE GOT TO KNOW THIS WE BRING MY FATHER WITH US AND ASKED HIM TO CANCELL THE AGREEMENT AND MY FATHER AGREED TO CANCELL BUT THE REALTOR REFUSED TO DO SO.AND SO WE PUBLISHED LEGAL PUBLIC NOTICE IN THE NEWS PAPER.
TO AVOID REGISTRATION WE GOT MY FATHER.BUT IN THIS UNREGISTERED AGREEMENT MY PATERNAL UNCLE IS THE WITNESS.MY PATERNAL UNCLE TOOK SOME COMMISSION FOR GETTING DONE OF THIS AGREEMENT.MY GRAND FATHER AND GRAND MOTHER ARE 90 YEARS NOW AND THEY ARE THE DEPENDENTS ON MY PATERNAL UNCLE.
AFTER SEEING THE LEGAL PUBLIC NOTICE IN NEWS PAPER THE REALTOR DEMANDED BACK THE COMMISSION AMOUNT FROM MY PATERNAL UNCLE BUT MY PATERNAL UNCLE CONVENCED THEM AND GOT REGISTERED MY FATHERS PROPERTY TO THE REALTOR FROM MY GRAND FATHER ALTHOUGH HE IS NOT HAVING TITLE.
AS A RESULT THE DISPUTE TOOK PLACE AND THAT REALTOR HAS GOT A REGISTERED SALE DEED OF MY FATHERS PROPERTY FROM MY GRAND FATHER.MY GRAND FATHER IS STILL LIVE AND DONE THE REGISTRATION BY TAKING SOME MONEY FROM THE SAME REALTOR.
AFTER THE YEAR OF 2001 PARTITION MY GRAND FATHER IS NOT HAVING ANY RIGHT ON MY FATHERS PROPERTY.BUT UNFORTUNATELY HE EXCUTED THE REGISTRATION AND IT WAS REGISTERED AS 2969/2012.
AND THERE FORE MY FATHER WARNED THE REALTOR TOLD HIM THAT HE WILL CHALLENGE FOR CANCELLATION OF ILLEGAL REGISTRATION OF SALE DEED.AFTER THIS MY FATHER WAS UNAVAILABLE TO US.WHERE HE WAS WE DONT KNOW.WE FELT THAT HE WAS KIDNAPPED BY MY PATERNAL UNCLE OR BY THIS REALTOR.
NOW ANY WAY MY FATHER WAS NO MORE.HE LEFT US ALL THE EVIDENCES THAT PROVES HIS TITLE.
NOW WE HOLD ALL THE LAND TAX RECEIPTS,PATTADHAR PASSBOOKS,AND THERE WAS AN UNCLEARED LOAN IN COOPERATIVE SOCEITY.
AS A TITLE HOLDER MY FATHER HAS THE RIGHT TO EXCUTE REGISTRATION.BUT INSTEAD OF MY FATHER MY GRAND FATHER EXCUTED THE REGISTRATION ALTHOUGH HE IS NOT HAVING ANY RIGHT AND SAY THAT IT WAS THE SELF ACQUIRED PROPERTY OF MY GRAND FATHER.
FROM NOW ONWORDS I AND MY SISTER ARE READY TO CHALLENGE THE ISSUE IN COURT.CAN ANY EXPERTS CAN GUIDE ME HOW TO DO SO.
I NEWLY JOINED LAW STUDENT.PLEASE SUPPORT ME WITH BEST OF UR KNOWLEDGE
YOURS SRIDHAR.
