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santhusen8 (MD)     12 May 2011

IF WE LOOSE THE CASE SHOULD WE PAY MONEY OR GIVE LAND

I have been posting my case in this forum ,

well once again summary of my case , my grand fathers self acquired  property is been divided by my father and his brother children , and we have kept the land in our hand over

we have three aunts who with out any partition deed sold their share of land to one of my uncle for 26 laks no boundaries were drawn , no sides were decided

now my uncle can't come to claim the land from us ,

now my quesiton is should we go to court to get those registration cancelled and ask them to apply for partition

or as we are in the land ( we have given the land to lease for 5 years )  , my uncle who bought the land should go to court and ask for his share

and now if he wins the case should we return the land to my uncle , or else we can just pay him 26 laks rupees with interest and court fees

 

( my aunts have registered  and sold the land to my uncle  just because we cannot sell the land with out their knowledge , and they want 1/3 of the total property be registered in their name which we are not accepting and we are ready to pay 26laks in cash to them for which they are not accepting )

i just want to know even if they win in the court should we give the land to them or only money with interest as the land wil be in our kabza

thanks



Learning

 2 Replies

Jayaprakash Narayan (Partner in the Law Firm)     12 May 2011

Hello,

See until the property is divided between by way of partition or something it shall be considered as joint family property, neither your Aunts have any rights nor you have. Even if you wish to sell, you need the consent of all the remaining members of the family. Hence your Aunts have illegally sold it. So file a suit for cancellation of Sale Deed and you can even pray for partition in the same suit itself. And you need nt wait for others to file as any1 in the family can file it. 

 

And about returning land or money, the court always decides to hand over the land as you cannot compel the other person to sell his/ her share of land. And please check the registrartion document of your Aunts sale as though a deed may be registered by hiding title, but schedule of the property is a must for every deed!!

 

Regards,

santhusen8 (MD)     13 May 2011

wat if we start construct a shopping complex on the above said property and lease out to people , even than will court order us to give share in the complex or else just money they have mentioned in the registration sale deed


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