Few people have filed a petition against my brother (late Sri Chenna Kesavulu) for permanent injunction , stating the Land which we have registered on a sale deed belongs to their ancestors. We have found the names of the ancestors of the person who has sold the property to us on the revenue records and so we have purchased the land duly concluding the sale deed in the year 2009.. Now the third party has filed a petition against my brother in the year 2015 stating that their ancestors possessed their land since 1946. My brother suffered with greater kind of mental Harrassment besides his physical illness (paralysis). He Fought for the case but unfortunately he was expired on 23rd OCT2017..Having no knowledge on the case We haven't attended the court since then. Many Hearings were Happened without our knowledge.And now When i verified the status of the case online it is known to be "IAS Pending". What Does this status mean..? The Plaintiffs/Petitioners have appealed to court stating that my Brother's Wife and her 2 Children to be the respondents. What are the probable solutions for this problem .?? How Could we defend the case..?? Can We File the Counter Petition against those petitioners for "Damage of Self Respect" & Mental Harrasment caused to my Brother.? How Could we appeal to the court and what are the probable ways to get the favorable orders from the court.? This case was filed in the Court of Junior Civil Judge,Darsi, Prakasam District, Andhra Pradesh. My Email ID "[deleted]".
What are procedural steps to obtain the ownership of the land in the name of my brother's Wife/ Children.? Should we fight for the petition or submit a counter petition.? We need obtain the e passbook for the land from the Revenue Department.And also help my brother's family to enjoy the property. How can we obtain the directions from the court and what are the copies from the court to be submitted to the Revenue Department to claim the ownership in favor of my brother's family.?
1. IAS refers to the pendency of the interim application.
2. The probable solution cannot be predicted by us. Unless the suit papers are perused threadbare there is nothing we can say. You have to contest the case on merits to win it,
3. No counter case lies unless the suit filed by the opposite party is dismissed.
1. Contest the case filed against you instead of launching multiple litigations.
2. To obtain the epassbook from the Land Revenue Department you may file a suit for mandatory injunction against it in the competent civil court.
On demise of brother his wife and children have to be substituted as defendants
2) engage lawyer and contest the suit proceedings
3) file detailed written statement
4) burden of proof is upon plaintiff
5) don't file any counter cases
6) the issue would be whether it is self acquired property or ancestral property
7) if it is not ancestral then seller could have sold property to your brother
1) apply for mutation of property in in mane of widow and children
2) enclose brother death certificate
3) latest receipt of payment of property taxes bill
4) legal heir certificate of legal heirs
5) if no objections are received mutation would be done in name of legal heirs
Sir, Please advise me the procedure about how we could file a suit for Mandatory Injunction..? Should we serve notices to those petitioners prior to it ..? Or we could directly file a petition in the Court Directly..?. Please provide us with a Documentation format for this at [deleted] or [deleted] We have all the Documentary Evidences..But we are lagging behind because we aren't aware of the procedures.. Also please advise us what would the approximate fee to be paid to an Advocate to handle this case..? Is that calculated as percentage on the value of the property or how it would be calculated..?
We do not provide formats
2) you have to engage lawyer for drafting of suit
3) notice has to be served upon defendants
4) lawyer cannot charge percentage fees
5) legal fees vary depending upon the lawyer engaged by you
IA means interlocutory application. May be it for interim stay or other interim relief seeking application. Better you should meet your brothers advocate and know the status of the case. If there is no advocate is engaged for your brother, then appoint an advocate soon. After the death of your brother his legal heirs become the respondent in this case. So it is the duty of the plaintiff to impleaded them as additional respondent.
Check the possession of the land and do understand the meaning of Ancestral property.Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.? Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common.Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property.
Take prior deeds of the property and check their claim is valid or not?
1. This is the abbreviation maintained by the particular court. May be the affidavit of service or affidavit in reply is pending.
2. The legal heirs of your deceased brother should file an application praying for substitution of their names in place of your brother first.
3. Thereafter they should collect certified copies of all the documents/applications/orders pertaining to the said case for contesting it.
4. You should engage a local lawyer having expertise in this field to counter the allegation leveled in the application with evidence proving that your brother had legally purchased the said property.
5. there is no point in filing a counter petition since the other side has the legal right to file a case which you shall have to counter legally in the Court.
6. You can claim for cost for filing the frivolous application.
1. Your late brother's legal heirs should mutate their names as present title holders of the said property.
2. The e-passbook of the land also shall has to be up dated.
3. The property should be in their physical possession.
4. They shall have to contest the case filed against them by engaging a local lawyer.
5. There is no point filing a counter case in this regard.
6. File an application enclosing the copies of the registered sale deed confirming title of the property in favour of your late brother, his death certificate and also the legal heir certificate showing the names of his legal heirs to the Revenue Department for changing the names of the title holder of the said property in their records.
1.Engage a local lawyer for contesting the application filed for permanent injunction against your brother. He shall have to just file the affidavit in reply to the said application. It is a technical matter for which yoiu should take help from a practicing lawyer.
2. You won't have to file a counter suit against the said petitioner. You shall have to submit the reply before the Court.
3. The fees charged by lawyers vary from person to person and from place to place. A reasonable lawyer shall charge you at least Rs.40 K to contest the case apart from charging daily appearance fees.
If you have purchased this property by giving full consideration then you have better title on this property than others. You are the absolute owner of this property because you are a Bona fide purchaser. If a person claims that there is defect in your title then according to Section 101 of the Indian Evidence Act the burden to prove defect is lie on that person.
You can file a counter claim under order 8 rule 6a of the code of criminal procedureno need to file accounted petition. If you think that their case is based on false document or upon false argument then you can file an application under section 151 of the code of civil procedure for dismissal of this plaint.
Legal fee will depend upon the lawyer engaged by you, and sorry but we do not provide drafts here you will have to engage a lawyer for the same.
IA means interlocutory application, I will have to peruse the suit papers in order to give any kind of advise in your case.
Regards
1. The procedure is simple-Just engage a lawyer and he will draft the suit to file it.
2. In civil suit you do not have to serve the notices to the defendants in advance.
3. No comments on the fee of the lawyer as there is no fixed fee structure for the fee of a lawyer.
When i verified the status of the case online it is known to be "IAS Pending".
What Does this status mean..?
It means an interlocutory application is pending. The IA may be filed for inclusion of the legal representatives of the deceased plaintiff.
The Plaintiffs/Petitioners have appealed to court stating that my Brother's Wife and her 2 Children to be the respondents.
It ids the usual procedure to implead the legal heirs of the deceased as necessary parties to the suit
What are the probable solutions for this problem .??
The legal heirs of the deceased have to continue the case in place of the deceased party to the suit.
How Could we defend the case..??
Check up what case it is and challenge the same on the basis of merits and documentary evidences in your possession.
Can We File the Counter Petition against those petitioners for "Damage of Self Respect" & Mental Harrasment caused to my Brother.?
No, not maintainable.
How Could we appeal to the court and what are the probable ways to get the favorable orders from the court.?
You can discuss the issues with your advocate because he will be right person to suggest the ideas to be followed in this regard.
What are procedural steps to obtain the ownership of the land in the name of my brother's Wife/ Children.?
Should we fight for the petition or submit a counter petition.?
Since your brother bought the property by a registered sale deed, he is having marketable title to the property.
Hence after his death, his own legal heirs or successors in interest can file an application before the concerned revenue department for transfer of revenue records to their names.
This case has been filed by the opposite parties seeking some reliefs, let them not pay heed to the case until there is no order restricting them from going ahead in such matters.
We need obtain the e passbook for the land from the Revenue Department.And also help my brother's family to enjoy the property.
Apply for the same with the concerned revenue department.
How can we obtain the directions from the court and what are the copies from the court to be submitted to the Revenue Department to claim the ownership in favor of my brother's family.?
For the present you cannot get any direction from court since there is a litigation pending, hence you can approach the revenue department directly on the basis of legal heirship certificate.
Sir, Please advise me the procedure about how we could file a suit for Mandatory Injunction..? Should we serve notices to those petitioners prior to it ..? Or we could directly file a petition in the Court Directly..?. Please provide us with a Documentation format for this at [deleted] or [deleted]
For filing a mandatory injunction suit, you have to approach an advocate who will draft the suit and other petitions related to the suit as per the legal procedures and civil rules of practice.
We have all the Documentary Evidences..But we are lagging behind because we aren't aware of the procedures..
You should take the help of an advocate to handle this situation.
Also please advise us what would the approximate fee to be paid to an Advocate to handle this case..? Is that calculated as percentage on the value of the property or how it would be calculated..?
The advocate fee shall be let known by the advocate concerned who you may engage.