My father and his 3 elder brothers got separated in 1968, their shares of ancestral properties amicably divided and settled. My father purchases a property on his own in 1972. my father passed away in 2004, his two elder brothers too have passed away. the remaining brother and his sons are now claiming a share in the property my father had purchased in 1972. They claim that, in 1952, ( year nineteen fifty two) when some of our ancestral property was acquired by a public sector company, and compensation granted, they had given it to my father and my father bought the property in 1972 with that money. This is a lie as my father has never mentioned this to us and we know for a fact that my father purchased the property in 1972 out of his own earnings and help from my mother's family. All the documents are now in my mother's name. Now my father's elder brother's son is threatening to put a case ... how do we stop him from putting a false case, as we are planning for a construction on that propertey.
Why are you bothering, sale deed is clear that it is self acquired property. And ancestral property divided equally, so scope of property purchased from the income from ancestral property due to partition.
Further i don`t think property would be ancestral or your father would be 4th generation.
So chill, tell him straight, do whatever. If creates any nuisance, file police complaint.
1) let him file case
2) in your reply enclose documentary evidence that father has purchased property out of own earnings and help from mother family
3) no need to bow down to pressure tactics
See you can stop him from.filing ansuon though in case he file case you have to contest and file application to reject same before the court.
Also burden of proof is on them they have to.give the proof of payment for the property.
Where the property has been purchased by your father then they cannot claim any share in said property. incase if they file then contest the case on merits.
You can't stop him from filing any case but you can contest the same once filed
Dear Sir,
Please file a civil case against the opponents restraining them from putting any illegal cases or interfering with person property of your father.
You can not stop anybody from filing a case either false or genuine. Law does not have any such provisions. You can claim punishment in criminal case or compensation for harassment in civil case.
You canot stop them from filing any case agaisnt you but you can challenge the same properly because their fictitious stories can never be accepted by court.
You dont have to c=worry about constructing a structure in your property but before that you may file a caveat petition against him so that he is prevented from obtaining an exparte injunction against you.
