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Zuniee (Engineer)     08 February 2015

Legal notice after 4 years for sale objection

Respected Sir,

Please advise for my situation

I have brought a home From X, in 2008, via some known mediator,  Agreement for sale and sale deed executed properly, before Sale Deed I had approached SBI for Home Loan even that is sanctioned.  There is mother deed also available.

Property details are like this.

- Old paper trails shows that this particular property was brought by X's mother in 1993 

-  Year 2004, X's Mother had gifted this property "Out of Love and Affection" ,  Y (1st) Elder Brother and  Z 2nd Elder have signed the gift deed (with out any objections) ... and there is NO condition clause mentioned in gift deed. (no daughters)

- 2008 I have purchased this property from Mr.X and clean records no EC.. Please NOTE : Original papers are with Bank only (it is one of the reputed Nationalized Bank) and I'm still paying the EMI.

- it took almost one year to get the (Municipality) mutation done, as Y (1st Elder brother had raised objections to it in front of Municipality commissioner, as he works in Municipality itself).

- During 2009 another objection filed by Y (1st) elder brother's minor childs..

- Comminsioner had given multiple dates to hear both parities, I went there on every date but 1st elder brother had hired a lawer and on those hearing dates neither the laywer or objectioner had appeared

- Finally end of 2009 Commissioner had passed the order to honor my application and do the mutation on my name ..

- Now in 205 Feb, I have started getting court notice , I was out of station and my father couldn't read it, I cross checked with Mr.X he is trying to say ur role is nothing bla bla, i asked what are the details but he is not revealing anything to me... 

- Can this forum guide me further on this please..

-- I want to know what all rights I have ?

- How can I find which court, I should check with for petitioner or objections details

-  Eventually I realized that proper property division or some kind of agreement among brothers / parition suite is missing ..anyway this is between Mother and Mx.X 

- Can I file a harassment case on 1st elder brother and Mr.X too ?

- Do I need hire lawyer ? , can he make me respondent in this case ? 

- Should I wait for the judgement ? and take further action ?

- In India typically how much it would take for property dispute ?

- Will Bank play any role in this ? as I'm still paying the EMI ..

 



Learning

 4 Replies

saravanan s (legal advisor)     08 February 2015

s*x mother's property is considered to be her self earned property so we can gift to anyone ivan why or is it

Zuniee (Engineer)     09 February 2015

@Saravanana.S Sir, Question is when her self is gifted that property to third son and 1st & 2nd both have signed in gift deed as witnessess. Now 1st (elder) son is harassing me with Court cases. Could you guide me with approach, how should I take up this ?

Zuniee (Engineer)     09 February 2015

This case is filed as follows, I'm the extra party and respondent no 4..

Respected sirs, please advise me what to do next ?

Under Act(s)

Order 39 Rule 1 and 2 CPC

Under Section(s)

VII R 1 AND 2 OF CPC

Zuniee (Engineer)     15 February 2015

Respected Sirs of this forum, could you please guide me,

The one who sold me the property is not talking to me, he is not picking my call only. I'm completely clueless on what to do..

Will greatly appreciate your inputs


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