• Property dispute

Hi,

My father had bought a 30X40 site in 1970. Eventually he built a house in 1983 and we stayed there till 2016. In 2016, we demolished the old house to build a new house. Then a person filed a false case claiming property belongs to him.

I am worried that legal course takes long time in India. I am not keen on settling the party to withdraw the case - because it is like encouraging the party to file more such false cases with more people. Any suggestions please?

Regards,
Vish
Asked 8 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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5 Answers

1) burden of proof is upon the plaintiff to prove that he is the owner of th eproperty

2) court would not grant the plaintiff any interim reliefs if your father has clear and marketable title to the property

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

Refuse to bow down to black mail tactics

You need not pay the plaintiff any money to settle the case

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

Mention that since case is pending in court you will await court verdict and are not interested in any settlement

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

I am worried that legal course takes long time in India. I am not keen on settling the party to withdraw the case - because it is like encouraging the party to file more such false cases with more people. Any suggestions please?

What is your concern when the legal battle stretches too long because your father has not initiated the case.

It is the opposite party who has filed the case seeking releif.

Let him be worried about the inordinate delay in the court cases.

You have decided to not to go for the compromise, hence be firm on the determination.

T Kalaiselvan
Advocate, Vellore
90191 Answers
2506 Consultations

This party who filed false case is using our common friends to convince us to come for a settlement. Any suggestions on what message we need to share with those common friends, considering the case is being pursued in court.

Since your father is having valid title documents in his name and the property had been in in his possession ever since the purchase, he need not be afraid of that third party or his threats.

Your father may clearly indicate that he is not inclined for any negotiations or compromise because the property belongs to him, let the court decide.

T Kalaiselvan
Advocate, Vellore
90191 Answers
2506 Consultations

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