Upgrad LLM

property registry dispute


We have 3 property (House) registered in name of my mother . Property is not inhereted but  bought by my parents. My younger brother was evicted and no share was given to him . He filed a civil suit to get his share. Now we got Civil judge senior divison notification letter that my mother cannot sell the property , if that happens sale deed will get cancelled automatically and If court seem it necessary , mother property can also be siezed.

We hired a local lawyer and submitted property rights documents (sale deed copy which is in mother name ) on the hearing date . 

Is it possible that court can notify us with such notice . What is the use of registered sale deed if court can deny us the right to own property just on behalf of a civil suit.What action should I take next.

Thank you.

 
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Lawyer at Supreme Court of India

Sir,

 

If that was a self acquired property, the Hon'ble Court can't stay the sale of the property . 

Challange that stay order, and get the case dismissed on no cause of action. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 


Total likes : 1 times

 
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senior

since you hired an lawyer you need not worry about the case. He will take care of your case.

 
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Ur father is living or deceased Ur mother own the property who lent her money.if Ur father invested money and died intestate situation becomes critical then u should have to give share. Any how all of u sit down and come to compromise.the suit .prolongs .no one can gaAurantee when civil case finishes.
 
Reply   
 
FIN

Is your mother alive?

Which personal law applies in your case e.g; Hindu?

The property was purchased from self earned/acquired funds?

 
Reply   
 
FIN

Generically speaking;  The sons/daughters/spouse have NO forced share in self earned/acquired estate/property fo parents/spouse in the life time of parents.

Your counsel must have examined court file/copy of petition to know what the grounds made in submission to court and can help you to get the stay vacated/case dismissed, win the case on merits.

“Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed !”

“Now parents can evict abusive adult children from their house”

“Son can live in Parents house only at the mercy of his Parents, upto the time the Parents allow”

You may take help of competent and experienced office bearers of forum/associations of educational institutions, NGO’s,  etc and/or  find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL: Sr. Citizen Tribunal, Civil courts, HC, SC …

Generically speaking;  The sons/daughters/spouse have NO forced share in self earned/acquired estate/property fo parents/spouse in the life time of parents.

Your counsel must have examined court file/copy of petition to know what the grounds made in submission to court and can help you to get the stay vacated/case dismissed, win the case on merits.

“Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed !”

“Now parents can evict abusive adult children from their house”

“Son can live in Parents house only at the mercy of his Parents, upto the time the Parents allow”

You may take help of competent and experienced office bearers of forum/associations of educational institutions, NGO’s,  etc and/or  find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL: Sr. Citizen Tribunal, Civil courts, HC, SC …

 
Reply   
 
FIN

Ignore above message that is not posted properly due to some error at end of LCI;

 

Generically speaking;  The sons/daughters/spouse have NO forced share in self earned/acquired estate/property fo parents/spouse in the life time of parents.

Your counsel must have examined court file/copy of petition to know what the grounds made in submission to court and can help you to get the stay vacated/case dismissed, win the case on merits.

 

You may go thru Articles under my profile;

 

“Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed !”

“Now parents can evict abusive adult children from their house”

“Son can live in Parents house only at the mercy of his Parents, upto the time the Parents allow”

You may take help of competent and experienced office bearers of forum/associations of educational institutions, NGO’s,  etc and/or  find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL: Sr. Citizen Tribunal, Civil courts, HC, SC …

 
Reply   
 

Sir,

My mother is alive . She and my father made a registered  WILL in which my brother is not given any movable and immovable share.We are in hindu family .Property is acquired by my parents , registered in name of my mother  and not gifted by anyone nor does it came as inhertence . 

My brother is abusive and ill treated my parents . Reason he was evicted . He used several method to get his share , theratened me and my parents , bribed local police daroga to file a fake rape case using his wife and settlled matter by capturing two of our house illegally and 2 lacs rupees (to note :  both house are still registred is in name of my mother he just live illegally)  , again police registered a case of 107/16 against my whole family and now He filed civil suit in lower division court for his share stating to Court that he has given his money in purchase of property (to note: property was bought when he was not even born and he is jobless to help my parents in purchase or maintenance of property) , notices from court  were blocked i dont know how and didn't reached us and we were not even aware of such case . Luckily by God grace we came to know it after 2 hearing date when resale of property was stayed by Court , but we got stay removed in lower district court.He moved to upper divison Court. Now we recieved a notice which does not have a stamp or sender name (looks like fake notice) .

Problem is not giving my brother his share , it is that he wants it all  and my parents are so firm that they will not give thier hard earned money to a abusive child.

Can someone please show us directions that how can we get brother evicted from illegally captured house .We filed a suit for eviction but everyone says it take many years for judgement to come.

Thank you.

 
Reply   
 

Sir ,

It is not that we have recieved  stay orders . It is the letter which  is compuerised typed on A4 , has no name of person sending it , nor does it has any kind of stamp , just a signature and written as " by order , Civil Judge Senior Division" ,  below signature . Morever the date of written letter is stated 28.10.18 which is Sunday. It looks like fake just to disguise us so that my mother should not resale the house.

Sir, What actions can I take against sender who is trying to win case by fraud , issuing fake notices.Earlier when the case was in lower division of Court , notices from court to us were blocked . Our lawyer studied the case status and found that two of our neighbour had witnessed and signed that we refused to accept court notice to appear on hearing date but in reality no such notices came to us .

 

 
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