My mom bought a house 8 years ago which was under co ownership of brother and sister, we paid full amount and had the agreement signed. We even checked in regional register office if there was any pending cases on the property 2 weeks before registration, at that time it was clear. Later we receive a notification regarding dispute on ownership. One co owner recently divorced, his wife filled a petition saying that they've used her dowry in construction of house. Now we also filled a case against it saying my mom unemployed widow paid full amount and deserve complete ownership of the property. The advocate my mom hired did nothing other than filling the case, now our original document is stuck at court. It's been 8 years. Kindly advice necessary steps
Asked 2 years ago in Property Law from Thrissur, Kerala
1) If the title was clear at the time that your mother purchased the property by paying the entire consideration and if the transfer was registered duly any subsequent claim as enumerated in your query can not bring about an encumbrance on the property.
2) If the divorced wife of he earlier owner filed a case against her former husband and if your mother had been made a party this would be a case of clear mis joinder of parties to the suit.
3) It would be necessary to peruse the details of the suit you have filed and the case of the contesting party to arrive at appropriate steps to be taken going forward.What was the need to have the original document submitted in the court? Documents only need to be verified as and when required by the court.
1) if your mother had purchased house by regd sake deed your mother would be absolute owner of the house
2)if co owner wife has filed a suit claiming her rights on said house and court has granted stay pending hearing and final disposal of suit you have to wait for your case to reach trial
3) suits take 10 to 15 years to be heard and finally disposed of depending upon pendency of cases in courts
4) if yiur mother is senior citizen she can move court for expediting final hearing of suit
Hi, if the original documents is in Court the get a certified copies of the document first then file an application under order 13 Rule of the Code of Civil Procedure for return of the original documents and replace the certified copies in the court.
2. Normally court will allow your application and you will get your original documents.
Actually is there anyway I can find status of the case now, I don't have much details. The advocate doesn't respond properly. So we're in kind of trouble
Asked 2 years ago
1)if suit is filed in HC you can check the status of your case online .
2) if it is filed in district court and it is not computerized any managing clerk of the said court can find the information for you
1) You can find the status of the case either by making a personal inquiry at the court office or by longing into the website of the court where the updates are posted.
2) If your mother is unable to attend the court or pursue the matter you can get a power of attorney from her to conduct the case. Your advocate is duty bound to provide you all details pertaining to the case and keep you updated as to what is the progress of the court.
3) You have the option to engage a new lawyer if you genuinely feel that your case is not being attended to or no progress is being made.
If you feel that your advocate is not genuine, you may change the advocate immediately. Actually the case or the dispute is not maintainable, but you must make sure that the warring parties are not in collusion with each other. However since your mother is just a purchaser she may not have to fight to that extent of depositing the title deeds with the court. Why did she deposit the title deed with the court because it was not she who filed the case, something is wrong hence you better change the advocate atleast at this stage and engage another prudent advocate who may take up the case properly.
Hi, you can inquiry the status of the case in court also.
Since you advocate is not cooperating there is no point of sticking to him anymore.
Engage another lawyer and seek information. I am not sure what type of case you have filed and what is its currents status without which no further advice can be given.
1. How would an inquiry from the registrar office reveal if there is a pending dispute in a court of law with respect to the property which one desires to purchase? This information can be culled out only from the court.
2. If the previous owner is able to show a better title than your mom to the property he will successfully impeach your claim to the title. The buyer is under an obligation to take all the measures to conduct due diligence before purchasing the property. If you have not conducted it then a person possessing a better title can seek a declaration of his title.
3. It is time for your mother to change her lawyer.
1. You have not stated as to why have your original documents are suck at Court. Have you deposited it while submitting evidence?
2. However, your plaintiff has no merit in the case,
3. Contest the case fittingly as the plaintiff shall have to take her dowry back from her husband and can not claim ownership of the property.
1. if Kerala Court has online presence then you can get the information online,
2. Otherwise, visit the Court and collect the said information from the Court office after paying the required fees,
3. If you are not happy with your lawyer, change him immediately.