Dispute between my father and my step uncle
CASE 1- 1st case start from 2006, my uncle said to my father to purchase a piece of land for him. My father agreed to and found a plot and made agreement for the purchase for a consideration of Rs 575000 , which would be paid by my uncle. He however agreed to pay for it. The agreement was for 3 month to pay the whole amount, and it was clearly stated in the agreement that if in case of revocation of agreement amount would be returned by reducing 10 percent of the total amount payable for the plot. And thereafter my uncle paid 1st instalment of Rs 175000 through DD, then after small instalments in cash till 2011, total contributing Rs 450000. And then after he told to my father to give the balance amount and register the plot in his name. My father in good faith took a loan of Rs 200000 from the bank to pay the balance amount and registry expense and making the boundary of the plot . My father registered the plot in his own name, as my uncle didn't reimburse the amount which was met by my father till 7 month. My uncle afterwards refused to pay the money , and said to register the plot in his name. The time passéd till mid 2013, since there was no reply form my uncle side till 2013. My father was in financial difficulty, and sold the said plot. For Rs 750000. Now in mid 2014 he asked for his plot to register in his name. My father told that the said plot is no more exist. My father said that the amount you have given for the plot , I would pay you for it. I.e Rs 450000. He refused to take the money and went to panchayat for this issue in Patna ( Bihar). The members were already in his side and made my father to Rs 1500000 in an agreement for the amount of Rs 450000 saying the amount was kept by my father from 2006 to 2014. And if the said amount would not be paid then a piece of land in Patna(Bihar) would be given to my uncle. The piece of land market value is of Rs 3000000. Which is registered in name of my mother. The agreement was forcefully signed by my father. Now this is the case, and I would like to get a clear solution for it soon.
CASE 2- my grandfather has been dead and my step grandmother is still alive and my father have 3 step brothers. And my father wants to take his share in the property of his grandfathers property. The 3 step brother refuses to give any share to my father. Now what legal process we should make for this issue in CASE 2 along with Case 1.
Asked 3 years ago in Property Law from Ranchi, Jharkhand
1) your father has to issue legal notice to his step mother and step brothers for share in property .
2) if they refuse file suit for partition
1) your uncle has paid Rs 450 ,000 against consideration of rs 5,75000 . balance amount was Rs 125000
2) your father did not return rs 450000 but regd agreement for land purchase in his own name by paying Rs 2 lakhs extra
3) your father is liable to refund Rs 4.50 lakhs with interest to his brother .
4) he is not bound to pay Rs 15 lakhs . he should file police complaint that he was forced to sign agreement for Rs 15 lakhs . immediately send letter to your uncle that he was forced to sign agreement under coercion that he is willing to refund Rs 450,000 with interest
5) further your father is not bound to give another land standing in your mother name . your father cnanot make nay commitment as he is not owner of land standing in your mother name. the said agreement is not binding upon your mother
1. hat solution do you seek now since your father has already signed the agreement,
2. If he wants to deny the said agreement signed by him, he should lodge a police complaint against the Pasnchayat people who forced him to sign the said agreement,
3. Your father's act can be well challenged before the court by your Uncle since prorata share of the profit your father derived by selling the plot for which your uncle paid most of the money, was not given by your father to your Uncle,
4. Your father can file a partition suit for the property mentioned in your case no.2 claiming his share of the property.
1. Why did your father submit himself to the authority of the panchayat? Panchayat has no legal authority to intervene. Only a court of law can pass binding orders.
2. By signing the agreement in favour of his brother your father has given to the former the legal ammunition to go to court and seek the enforcement of the agreement. So your father should now challenge the agreement in the court on the basis that it has been executed by him under force. If the court holds the agreement as illegal your father will be relieved of his liability to pay the amount.
To cull out his share in the property of his deceased father your father has to file a case for partition in the local court.