• Legal advice on property issue

There was property which registered on name of my grandfather'father' father according to the khatiyan.He was one son.Then he was three son i.e. my grandfather had three brother. Rest of two brothers have no child. My grandfather have two child. My father younger and his big brother. One of my grandfather's brother had registered his will to both of my father and his big brother. Then, rest of one brother had died without registered will to any body. After my grandfather death, my grandmother registered his will to my mother.And father's big brother registered will to my father. He has four sister and a son.His all four sister and a son nortured my father and made marriage to all daughters. After thirty years,my father was died three years ago.He gave some part of our land to big brother' child for living. Now, he is claiming half share on my house property. That is registered on my father and mother name. First of all, he tried to capture forcefully but unable to succeed then he filed 144 in revenue court but his application was rejected. Then, he sold some part my house property to other person three months ago. Please explain me his right and right action against him in revenue court or civil court? suggest me and my action to solve this matter.Regards,
Asked 7 years ago in Property Law
Religion: Hindu

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22 Answers

Hello,

He could not have sold your share and as such the said transfer is illegal. You will have to challenge the sale deed in the civil court.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) Your this matter can be solved in revenue court fast than civil court. Don't give possession of land to the buyer who has purchased land from your cousin.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

File suit to set aside sale of house in name of third party

2) your parents should seek declaration that they are absolute owners of house

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

If your property has been occupied by him of which you are having the title then definitely you may file a suit for eviction and obtain orders.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes, you can file eviction case in him if still property is on your mother's name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Your mother can file eviction suit as she is absolute owner of the house

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Civil suits take years to be disposed of

2) personal presence is not necessary on each date

3) itvis sufficient if you are represented by your lawyer

4) your presence is necessary during trial ti give evidence

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Yes the court proceedings will take time and if you are unable to appear before court then you may appoint someone by means of POA

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

I have already suggested you to file case in revenue court and that will give you results fast. In revenue court you can till that by false he had sold the land to other party and plus ask him to evacuate your mother's house ASAP.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

There is a recent High-Court ruling which allows the registrar to cancel such illegal sale deeds after verifying the original documents & authenticity. It took several rounds to the police station & registrar offices and many hours of waiting at both offices to obtain cancelled documents. No need to appoint lawyer in this case.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Civil Court can give you relief and cancel the sale deed if you are able to prove that fraud has been played on you and the sale deed has been executed fraudulently.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

your lawyer is absolutely correct

2) you have to file suit to set aside fraudulent sale deed

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Revenue court has jurisdiction on lands situated in rural area , while civil court over urban lands. So file for cancellation acc. To situation of land.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. You shall have to first register FIR against him and then file an application before the SDM/Criminal Court praying for promulgation of order u/s 144 of Cr.P.C. restraining his entry in to the said house.

2. If he still rties to enter in to the said premises, file an application praying for conversion of the said 144 case in to case u/s 145 of Cr.P.C.

3. the above application shall have to be filed within 60 days from the date of promulgation of the section 144 order.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Your mother can file an eviction suit against him if she is alive.

2. Otherwise her legal heirs can file the said eviction suit against him.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Revenue Court has got nothing to do with the said case.

2. First get restrain order against his entry in to your house through SDM/Criminal court u/s144 of Cr.P.C. which will not be issued if any civil suit is pending.

3. After receiving the said restrain order, you can file the civil suit against him challenging his said sale.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Since the revenue court has rejected his claim then there is no use of approaching revenue court again.

You have remedy in the civil court only.

You can file an injunction suit seeking to restrain him from interfering in your possession and enjoyment of the property in any manner.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Can I file a eviction case against him on his house which was given by father three years ago.This property is registered in name of my mother.

If he has no title to the house property where he is squatting now, you may file a suit for ejectment.

But the suit to be filed by your mother only since she is the title holder.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Some person advice me that I will a file suit in civil court then this case will run in many years around twenty years.And there is need of more witnesses in civil court.Actually, my mother is alone at home and I am serving in defence.Who will go to civil court many years with many witnesses?

You have been wrongly informed that the case will go on for twenty years, now a days the cases are disposed within two to three years.

Since your mother has filed the suit she only has to attend the court on the instructions of your advocate.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

My lawyer is telling that revenue court has no power to cancel fraud sale deed. So that you have to file a case in civil court. He sold on 6 the Jun 2018.Revenue court can pass the order on this issue.

Your lawyer is right in his opinion, you may follow his instructions

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

A case for cancellation of the sale deed can only be filed in the civil court.

You have been advised rightly by your lawyer.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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