Civil Procedure Code (CPC)

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arunbrk (Manager)     09 December 2015

Propety issue

Hello,

Need your help to sort out property issue. My Story in breif is as below.

My Father, who is no more now, had given money to his younger brother, who bought a land in bangalore in 80's in the governament quota as he was employed in state gvt office. My father had given  Rs 7000 towards the land. I have no idea what was the actual land price then and how much my uncle invested.

Later my uncle built a double bed room house in that land and started living.As they dont have children, they shifted my grandfather and gradmom to his place from town, where we used to stay. As it was remote land and we had the joint family culture, as per my grandparents wish, they wanted all of us to stay together, they planed to built house on top of my uncles house.

They decided to build two portions, one for my father and other for their sister. During which my father gave Rs 85000 toward the construction charges ( in 1990 - 91). They built two portions and my aunt moved in and our portion they rented out, as my father was working in interior karnataka and he was due for his retirement in couple of years.

Later we all shifted to present house on top of my uncles house. My aunty bought her own property and she moved out, again my uncle rented that portion and he was taking the rent.

As my uncel dosent have any children, we toguht, we will not face any issues later, as my fathers transaction dint have any valid proof, as he paid the money in cash, and he had written it in his dairy! my mom is the only witness for the money transaction..as we were too young then!

Now my uncle wants to sell that property and chase us from their.

 Right now my mom and my brother are living in the first floor.As am working out of bangalore, am not staying there.

We dont have any other property and my mom who is 66 yrs old now, is very worried and scared, what if they through us out from their. 

As the property is in my uncles name, is there any way can we stall the selling idea leagally, as we dont have any valid proof to prove,  that my father had given money towards the site and construction! 

I would kindly request you all to help and guide me to solve this issue.

Thanking you

Arun

 

 



 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 December 2015

You have procure evidences that your father paid so and so amount to your uncle in the court of law. then only you can have legality..

arunbrk (Manager)     12 December 2015

Thank You, but as mentioned we dont have any document, which will be produced as evidence,, what to do!?


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