We have one property in PALASA. It has been using by my cousin since long ago. That is ancestral property. Recently by mistake my father promised my cousin and has signed on blank paper saying that he is going to give that property to him. Even though my father promised, we are not interested to give that property to my cousin. So legally is it possible to proceed with case ? Except that blank paper signature, my father does not sign on any bond paper/nothing. Because it is ancestral property on that we all family members have rights.. so can we proceed legally to get our property. ? Is there any quickest (which will take in months instead of years) solution / procedure to resolve this with help of police ?
1. The contents of the paper have to be perused to ascertain what rights and liabilities are created by it. It could be an agreement to sell or it may even be a gift deed. Signing a blank paper is a recipe for disaster.
2. Your father should, as a preemptive measure, file a caveat against your cousin so that he does not walk away with an ex parte interim order against him in a lawsuit that he may file against your father.
yes, you have right to regain that property because :
1. it is ancestral property and your father has no right to transfer it in entirety.
2. transaction is also void because it neither comes under will or sale. so your cousin cannot get it legally.
you should file a civil suit or make mutual partition among all the legal heirs.
1) you have to file suit for partition for division of ancestral property by metes and bounds
2) there are no short cuts . Police will not intervene as it is a civil dispute
No property can be transferred by a mere signature in the blank paper, especially the transfer of immovable property by an unregistered document itself is not valid thus the blank paper transfer is absolutely not valid and no case in that connection is maintainable.
Even your father's self acquired property cannot be transferred by this mode.
You do not have to initiate any legal process, if he has got something to claim, let him approach court, where he will stand rejected.
Thank you so much Sir for your answer, however my cousin has also occupied one more godown of ours. How to make him vacate from both these places with help of police / law ? How we need to follow ? He occupied our places, we are losing rents & assets. This is the reason we are planning to initiate legal process. Which case we need to follow so that we will get justice ? Please help us with your answer.
If he has illegally occupied the premises, you can lodge a police complaint against him for trespass and other crimes.
If police is not effective and not responding properly you may either aproach the higher police officer or court with a petition under section 156(3) cr.p.c. seeking a direction to police to register a FIR and to evict him from the premises which is under his illegal occupation.
1)if your cousin has illegally occupied godown owned by you issue him legal notice o vacate the godown
2) if he fails to vacate file eviction suit
To evict him from the godown you are required to file a suit for recovery of possession against him, A criminal complaint for criminal trespass should also be filed.