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anonym (Softeare engineer)     30 October 2014

Land dispute after 11 years

Hi,

 

My mother bought a 3 acres of land from one person 11 years back.

That land came to him from his father.

It got registered on my mother's name. At that time his daughters were minor.

Now he got some money problem so to get a something out of us he has done a following plan.

He asked his daughters to put a case on himself saying that "this land was sold when we were minor".

we got notice from court for this case. He got 2 daughters.

As mentioned in notice elder daughter is 25 and younger is 22 years of old.

This is a second time he is doing to us, first time he had asked his wife to put a case on himself during registration time to get more money from us, hence registration got held because of that, hence  we gave him more money his wife took back a case and we got a written statement from his wife in bond paper saying that " I dont have any objection from my side and from minor kids" so we got that land registered.

 

Now he is doing same from his daughters. So please some one suggest me how this goes and what steps we need to take.

Thanks

 



Learning

 7 Replies

Gundlapallis (Advocate)     30 October 2014

From the facts, you will get out of this trouble successfully - since a case is filed in the court, consult a lawyer and defend it.  After successful comeback, you can go against him in the court of law for causing you all this trouble.  Good luck.

Advocate Ravinder (Advocate/Attorney)     30 October 2014

You have not stated your religion.  Assuming that you are Hindus, the two daughters (now became major) will have right over the property since it is ancestral property. Pay some amount to the two daughters and get registered release deed in your favour. In Telengana the stamp duty is 1% on the govt market value of the property.  It varies slightly from state to state. For further doubts contact me on ravinder2345@gmail.com or 7893011777.

K.K.Ganguly (Advocate)     31 October 2014

1. If the said property has been self acquired by the father of the person who sold it to your mother, then it is not an ancestral property,

 

2. The seller of the property by inheriting it from his father, is the absolute owner of the said property,

 

3. Since the sale deed in favour of your mother has been registered, she is now the absolute owner of the said property and nobody can claim any share in it.

1 Like

anonym (Softeare engineer)     02 November 2014

Thank you so much for your replies.

 

Yes that land got registered on my mothers name 11 years back.

At that time of registration he asked his wife to file a case on himself to hold the registration.

We went asked him a reason he asked for more money we gave him money then he asked his wife to take back a case with written statement of no objection from my side and from my minor kids in bond paper.

Thanks

 

 

T. Kalaiselvan, Advocate (Advocate)     02 November 2014

This is a gimmick and cheap method adopted by the vendor to extort money illegally.  From your contents it does not appears to be an ancestral property, you donot worry about the case file by his daughters.  Further more, even if it is taken as ancestral property, he minor girls should have filed the case within three years from the date of they attaining majority, that way also the case will not sustain.  Take the assistance of a good lawyer and proceed with challenging the case, do not pay any money this time.

Adv k . mahesh (advocate)     03 November 2014

its seems it is ancestral property from grandfather and the property is registered on your mothers name and limitation act also works here 11 years 

and again he want to en cash you from his daughters by way of harassing you to come to terms but legally if you fight the case with a good lawyer with all the facts you will win the case 

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     04 November 2014

i agree with gangullyji


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