Okay..this is my first question at KAANOON.com and with all hope that genius legal advisors reading my question can understand my situation.
There were two brothers A & B. A got three sons as A1, A2, A3 & B got two sons and a wife as B1, B2 & B3. A3(after demise) got a son and wife as A31, A32.
My question is with respect to B1 (who in this case is my father and he is facing property issue). There were two distribution took place in which joint properties of A & B were divided, after the demise of both A & B, in the presence of A1,A2,A3 & B1,B2,B3. Two legal heirs from both parties were given special presence importance and they were A2 & B3.
Both the below distribution cases happened on stamp papers, they aren't notarised nor registered.
At the end, it is also mentioned as a note that both the parties will help each other in completing their documentation (registration, name change, possession, etc.) works if and wherever needed.
At first distribution of A & B, in which a land which was on the name of A went to B, against which A took another piece of property. Now B got the ownership of A's property.
At second distribution of B's property, for which the legal heirs were B1, B2 & B3. As earlier, we discussed that a piece of property which belongs to A went under the ownership of B, and this property further went to B1(which in case is my father) and rest two (B2 & B3) took another piece of B's property.
Now, years went by and B1 is asking A1, A2, A3 to give the legal possession, which they haven't given since distribution of A & B, of the property to B1 but they aren't helping and every time they are making some or the other excuses. As the property is in different state, all the A1,A2,A3 need to go there and make signatures to give the possession but they aren't going over. To which B1 suggested that A1 & A2 should make a power of attorney in the name of A3, and then A3 will go with B1 and transfer the possession to B1 as legal owner. But A3 also made excuses and power of attorney got lapsed in an year. After two three years, A3 passed away leaving his two legal heirs behind A31 & A32.
Still B1 is asking for legal ownership transfer from A1, A2, A31, A32 and they aren't doing that.
What should B1 do now? What should be the better way to sort out this problem legally?
Please help B1.
NOTE- From past few years, B1 has gone through very major operation and still facing financial issues and still he is fighting for his property.
Asked 5 years ago in Property Law
Religion: Hindu
A family of two Jain brothers (e & y).
Elder (e) had three sons (es1, es2, es3), two daughters (ed1, ed2) and younger (y) had two sons (ys1, ys2), one daughter (yd1) and wife (yw).
Got into an unregistered family settlement of (e & y), after the demise of both the brothers (e & y), on a stamp paper which was mutually understood between all party (es1, es2, es3) & (ys1, ys2) along with (yw).
In above settlement ({es1, es2, es3} & {ys1, ys2}, {yw} in total six of them took part for dividing the property amongst them), as the family was a joint family (of e & y) properties went either side and transfer/mutation of title names were carried out later as and when required.
And as a result 50-50 partition was done among elder (es1, es2, es3) and younger (ys1, ys2) & (yw) families.
After some time, younger (y)'s family got into family settlement between three parts amongst his two sons (ys1 & ys2) and wife (yw).
Here, one of the property which, was inherited in settlement of (e & y), on the name of elder brother (e) went to younger brother's (y) son (ys1).
Now, since the property was on name of (e) and the mutation was done after demise of (e), it was made to transfer on (es1, es2, es3) and then it was supposed to transfer on (ys1) as per family settlement.
But, it didn’t happen as (es1, es2, es3) denied and refuse to do the same. For which (ys1), almost took 15 years to had a communication to resolve this matter under mutual understanding of family. But, it was never resolved.
After some time, one of (e)’s son (es3) passed away leaving behind his family of a wife (es3w) and a son (es3s).
After some time, (y)’s son (ys1) passed away in covid 19 leaving behind his family of wife (ys1w), son (ys1s), daughter (ys1d).
Now (ys1)’s family want to transfer the name of the property on (ys1w) wife of (ys1).
NOTE:- We do have documents that occurred in these events and original property papersAsked 1 year ago
