Civil Procedure Code (CPC)

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santhusen8 (MD)     24 May 2011

what would be the compensation that we have to pay

My grand father's self acquired property in ongole andhra  is divided between my father and his brother when my grand father died with out will in 1985 and the partition deed was registered in 2011 , at that time my father did not include his sisters name and also now when registering the partition deed he did not include his sisters name

now my aunts with out our knowledge have sold and registered half of our land in my uncles name claiming that they have right in half the share and selling the above land for their household expense  , for a price of 26 laks rupees and registered the same with stamp duty of 3 lak rupees
no one signed that document neither my grand mother nor my father or his brother

they have done this to bargain a compensation from us they want 30  laks rupees each that would be 90 laks in total ,

we are ready to give 26 laks rupees total 8 lak rupees each, the amount they have sold the land for

when i met a lawyer he said that women have right in father's self acquired property if he died with out a will , but show lot of evidence and postponing the case we can take the case for 20 years
and he said that we had many positive points

1) partition was done in 1985 but was registered in 2011 , they have not claimed for the property all this years but now they are coming for a share  and the lawyers said that it would be time barred
2) we have sold a house in my grand father's name for the marriages of my aunt
the person who bought that house is ready to say the same as he is our relative

3) we have partitioned one more house in chennai in 2003 which was on my grand fathers name at that time my aunts signed relinquishment deed now my lawyers says that they have signed a deed for house and this can also prove that they have received their money
4) they have fraudulently sold and registered half of our land with out going to court now this is crime according to my lawyer and he said that the judge would consider this and would negatively impact my aunts case

5) now we are forward caste in andhra pradesh , but my aunts who stay in chennai converted their caste to SCHEDULE CASTE  to gain from the reservation now we want to expose that in the court and their children are doing professional courses with the said reservation
can we say that they don't belong to our family based no their caste

saying all this i have one question

if we loose the case even showing all this points watt would be most probable judgement

1) should we give back the land which they deserve

2) or else can we pray to the judge that the above said land we are sentimentally attached and now as they have sold the land we are ready to pay back those 26 laks with interest to them

watt will  judge decide given the situation

 1 Replies

vaidyanathan (retired psu employee)     26 May 2011

dying intestate is not a crime if the successors are sweet people. The daughters have equal right in any ancestral property in the first place. Relinguishing one property does not confer you right for rest property since each individual is different independent entity.

Raaji margame Raja margam note this

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