Rajammal was living in a village for more than two decades and was granted patta by the taluk office. Since her hut couldn't afford the natural calamities, she gave it to one of her brother Vaiyaapuri, just for security reasons. In 2008 my father Srinivasan, who is also another brother of Rajammal, helped Rajammal's second child hood days and hence she has given a Will of her property in the favour of my father. The Will was properly documented, taxed and registered. Now I have transferred the property to me. Meanwhile, vaiyaapuri misused the mother document and claims it as a pawn. he says Rajammal pawned the property for Rs.20k. This rumour was popular even when Rajammal was alive at her second child hood days and she has promised my father that she has never signed anything to anyone including vaiyaapuri. Also he was quiet on all these days. Just during the past one year his sons have been threatening our family claiming that they also own the property. Twice they tried to impose local panchayat over me. But I skipped narrowly. Some lawyer said vaiyaapuri can't raise anything further. They told to file a case in police station stating that I have lost the mother document. But they don't have answer for the kind of illegal threatening. What should I do to get 100% free from their trouble? Now I am ready for even illegal reply. But is that the only way? Giving 20k+ interest is not the problem. But it would mean that the law has become toothless. My problem they should never think again to cheat anyone else with the kind of fraudulence. Further I want to start construction at the earliest possible. Should I proceed with KVS from court. Please help me....
1) file police complaint under section 506 of IPC for criminal intimidation
2)record the threatening calls . it would help you in making out a case
3)rajammal had bequeathed property to your father . your father must have executed gift deed in your favour . you are absolute owner of the property . since property has been transferred in your name you can carry on construction on said plot after obtaining prior permission of panchayat
4) file FIR about loss of original patta
Now the dispute seems to be between mother document and WILL. Apply for probate before the court and once you get authenticated WILL through court, V cannot challenge anymore. File a cheating and threat complaint in police.
1. Rajammal had made a bequest in favour of your father whereupon your father executed the gift deed in your favour. Consequently, you became the absolute owner of the property.
2. Being the owner of the property you are free to make any construction on it. If they threaten you further then file a criminal complaint for criminal intimidation under 506 IPC and also file a suit for permanent injunction to restrain them from dispossessing you from the land.
3. Record the threatening calls to collect evidence and then file the complaint/
1. Rajammal had made a bequest in favour of your father whereupon the property was transferred to you. Consequently, you became the absolute owner of the property.
2. Being the owner of the property you are free to make any construction on it. If they threaten you further then file a criminal complaint for criminal intimidation under 506 IPC and also file a suit for permanent injunction to restrain them from dispossessing you from the land.
3. Record the threatening calls to collect evidence and then file the complaint.
hi, you can file a civil suit for permanent injuction in court and can obtain a stay order to restrain them for interfering in the peaceful possession ..in addition , also register a FIR for forgery and misuse of documents
1) The will is enough to show him and in court.
2) why he is acting like that wants to know the paperwork from his side.
3) you can ask for the paperwork which he has, so we can compare with our document.
Please do call me via consultation call.
Don't budge to their pressure if you feel you are right and legally correct. But if matters goes to court and stay things happened you need to be patient and fight the same courageously. If you can do that it is very difficult for them in court to prove the same after so many years. Court will ask them why they were sleeping over their rights till date. You can decide everything after considering all pros and cons.
You say your grandmother lost the parent document, which is the patta issued by the Taluk Office, and subsequently bequeathed her property to your father by way of a registered will. You further say that now you have transferred the property in your name. How such transfer was legally done is not clear. You have to verify the Encumbrance Certificate for at least the preceding thirty years in order to establish your title over the property. As for the 'false' claim of Vaiyaapuri, you may have to file a police complaint.
If your father is living then he may lodge a complaint with the local police against the said person who is troubling now by holding back the patta document.
Here this is the title document.
Vaiyapuri cannot raise this issue legally because he may not have any proof that this property was transferred to his name.
Nor he can prove the mortgage since there is no documentary evidence with him to prove that your father's father had pledged this property.
But Sir, my father is expired. There were 7 legal heirs including myself. Now I have transferred the lion share of 6 person to my ownership through legally registered release bond and the seventh one is not yet transferred. Though the seventh one is not willing to transfer, she won't disturb my legal proceedings against vaiyaapuri, neither she will lend any helping hand for the legal proceedings. Now can I proceed alone??? If so what shall be my prominent complaint??? Shall it be a complaint against the fraudulent signature reproduction of Rajammal by vaiyaapuri??? Now, they have made a temporary hutt in the site. They have been collecting coconut yield from the coconut trees in the said site. Throughout the village the have rumoured that the site belongs to both myself and himself (vaiyaapuri). Now what shall be core matter of complaint.? Please help me in this regard...
file police complaint of cheating , forgery against vaiyaapuri
2) since signatures have been forged police complaint is necessary
3) also file declaratory suit that you are absolute owner of property
If V is in possession, then file a mandatory injunction along with permanent injunction as main relief to get him evicted. Normally, land related complaints will be entertained by DCB and in your case, V claims mortgaged which has to be tried by a civil court.
1) Now first of all try to take possession of land and remove their hut.
2) and built your permanent at least small house.
3) If you want land both possession and paper work clear title should be maximum from your side.
Please give rating to me and if you have further questions can select consultation call.
Yes you don't have any option to proceed as you have already taken majority steps in the same. Yes the signature reproduction will be only ground for you presently against them.
Upon enforcement of the registered will ,the property devolved on your father. After his lifetime the property devolved on all hie legal heirs.
The complaint may be given by one of the legal heirs also against the the person who is trying to grab the property and usufructing the yields illegally.
As long as the seventh person is yet to relinquish his/her share, your title and ownership over the property is not absolute. Unless Vaiyaapuri supports his claim by any legally admissible evidence for the loan taken by Rajammal by creating a mortgage of the property in his favour, his claim cannot be legally sustained.
1. File a criminal complaint for the offences of forgery and cheating.
2. To remove the hut file a suit for declaration of title and removal of the encroachments by the trespasser.
Hi,
It is suggested that you get power of attorney from your siblings to prosecute and file the complaints etc. Then you alone can do all the things. Further, you are suggested to file complaint of forgery and other things against that person.
