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Bibhas   17 March 2016

What should i do???? plz urgent advice..

Dear Experts,

 

We are four brother A,B,C & D and I am D.

A,B,C are from my step mother. They got a gift deed in 1975 (house & land) from their own mother.

My birth year is 1982. I got a gift deed from the share of B & C in 1985 (house & land). 

In 2011 B & C filed a title suit for cancellation of my deed. Reason given that C was minor in 1985 when my gift deed executed. 

In 2014 'C' became bankrupt and sale his remaining portion to me vide sale deed for money during the pending of that title suit.

In March' 2016, 'A' locked a shop cum room of mine which is the portion of the land which I purchased from 'C'.

 

Please urgent advice what steps should I take to save myself and to get my original share because three sons of 'A' are criminal type.

 

Total Area - 36 chattak

Area of 'A', 'B' 'C' was - 12 chattak each in 1975.

Now area of 'A' is 12 and area of 'B' is 8 and area of 'C' is 0. (As I purchase total area of 'C')

Now my area is 16.

 

Note:- The above said property is still unpartitioned.

 

Thanks & Regards

Bibhas 

 

 

 



Learning

 4 Replies

DENNIS BOSCO DEMELLO (Law Graduate)     17 March 2016

First clarify with "A" the reason for construction of "shop cum room" without prior permission of "D" ?

 

 

1 Like

(Guest)

1) Whether all Gift Deed properly stamped or registered , This information is required for checking validity of it , that is whether it is judiciary enforcable . Stamp and registration fee changes from state to state.

2) It seems B was above 18 so he was major so he did with full conscious so it will be almost difficult for him to win subject to Point 1

3) C was minor in 1985. Which year he became major ? First question 

4) Second imp. thing there is Limitation act 1963 , you can not file any suit at your wism . there is limited time within you need to file the suit . So limitation for C start from date he became major . So you need to tell the year

5) Since 2014 C sold remaining portion so I presume nothing  is left for C and suit of B has also techincally collapsed because B was major now how he can take the dispute ?

6) If your deed are registered and properly stamped and gift deed are valid , and papers in order then A has no right to do Gunda Giri on your property , but if there is some faults in previous mentioned documents like Gift Deed, Sale Deed, etc. then you need to be careful

7) After reaching last sentence you say Property is not partitioned . It makes me confusing a lot about validity of deed , making sepration or division of land records or property

8)  So in my opinion you require to show all documents properly to some one in your area , who can first confirm whether all series of documents you mentioned are done properly and whether acceptable in judiciary.

9) Whether you on basis of those documents whether you can easily partition your property subject to state laws on land etc. on documents or not

10) If things are in order then you need to take aid of limitation act , telling that after specific years you can not raise old dispute , even if you take in judiciary the case will not be maintainable and can be dismissed in first few hearings only 

 

 

 



 

1 Like

Bibhas   19 March 2016

Dear Expert,

 

1)  Yes, all gift deeds and sale deed are properly stamped and registered by registry office of Dhanbad, Jharkhand.

2) Yes, 'B' was major in 1985.

3) 'C' became major in 1987 according to his Matriculation Admit Card.

4) Also I have a notice of Advocate with me which 'C' had given my father in 1989 about the cancellation of my gift deed. Which shows that he was knowledge of the same in 1989.

5) Yes.

6) Only one thing to be noticed in my purchased deed of 2014 from 'C' is that "At the time of this deed execution, our total property was unpartitioned and still unpartitioned." But the vendor given me positive response, so i did the said deed.

7) Total Area - 36 chattak

Area of 'A', 'B' 'C' was - 12 chattak each in 1975 (they have joined one gift deed from their mother).

Area of 'A' was 12 chattak and 'B' was 8 chattak and 'C' was 8 chattak in 1985. (Since 'B' and 'C' given me gift of 8 chattak vide gift deed.)

Now area of 'A' is 12 and area of 'B' is 8 and area of 'C' is 0. (As I purchase total area of 'C')

And Now my area is total 16 chattak.

I have two deeds in my name - (i) of 1985 gift deed given by 'B' & 'C' total 8 chattak

                                              (ii) of 2014 sale deed given by 'C' total his rest area 8 chattak.

 

Now the situation is that

i) 'A' locked my one shop cum room which is the portion of the land which I purchased from 'C' in 2014. 

ii) The things like freeze, almirah, bed, t.v. etc. is still in the rooms which I purchased from 'C'. He is not vacating the rooms even after two years of sale deed. He is coming severally and demanding more money and raising hulla gulla.

 

Now my questions are :-

i) How to vacate the rooms of 'C' ?

ii) How to unlock my shop from 'C' ?

iii) How to partition my Share ?

iv) Can I sell my share to someone by telling all truths ?

 

 

Kindly advice expert.

 

Thanks & Regards

Bibhas

 

Bibhas   21 March 2016

I request you experts, please advice me..


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