sathiamoorthy (Engineer) 20 February 2011

Need a Legal adive

We have purchased a land and convert into housing plots. Regarding documents we have checked with legal experts and it is OK

One lady is filing a injuction suit, based on one gift deed of his mother, saying that she is her legal heir.

First of all the four boundry mentioned in the deed is about 300m away from our site, so it is not matching with our boundries.

Second the property she claimed already ( 1960 - 1962) sold out by that lady father elder brother.

I hope they knows all this thing, when we talked with them for compromise they are not agreeing.

That lady produced death certificate of her mother and father in court is forged one.

Kindly suggest how i can come out of this unwanted case at the earliest, it is affecting my buisness.

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2 Replies

ambrish (service) 21 February 2011

Dear Saathiamoorthy,

You should first protest the injunciton order by filling reply of applicaiton of section 39(1,2) CPC. If the gift deed is age old and thereafter transction happened on the same property then there is enough scope to resist the case.

Regards

Ambrish

sathiamoorthy (Engineer) 21 February 2011

Thanks for ur reply. We have already filed a counter and the case is going on. Gift deed to her mother from grand father(morther father) by 1966. This deed based on sale deed by her father to her grand father by 1956. Between this gap her father elder brother sold this land to various person thro' 10 sale deed. This land originally purchased by her grand father (Father's father). He had 2 sons. Younger brother sold his share to his father-in law in 1956. Elder brother sold the total property during the year 1960 - 62. Now the younger brother daughter claiming her share in our land which is 2 kms away from this property. Already we have discussed with our lawyer, he is saying no problem to us, we will win. But it will take it owntime. Already we have convert this property into house plots and sold to various persons. They want to construct house and they are pressuring us. Fortunately they have filed a forged death certificate of her mother and father. i want to know how we can proceed to close this case immediately.