• Legal question on a purchased property

Hello All,

My Great Grandfather purchased a property and got it registered in 1938 for an area of 730Sq yards. Later executed a Registered will in1952 that his only son my Grand father will have full rights on this property and died in 1956. My Grandfather later bought another in 1973 70 Sq yards which is extent property of 730 Sq yards and totally renovated the whole property into a big house with 550 Sq yards of construction and remaining land as 250 sq yards as car parking. And he executed a registered will in 1984 stating that his two sons will have Life interest on this property and actual rights will be for legal male issue of his two sons who are 2 people. 

Family Hierarchy
                               
                          GF (My Grand Father)
Son 1(My Uncle)                                Son 2(My Father)
 has                                                    has 
Only One son 1(My Cousin)              Only one son 1(i.e me)

My grandfather expired in the year 1999 with out making any changes to the will. 

After that in the year 2008 My father's brother i.e my uncle sold 200 sq yards of empty land i.e our car parking to a person X stating he is the only son of My Grand father.  Later the third party entered into the car parking area and erected a wall and constructed a shed and started living there. 

I was abroad and i did not what's the status. Later I came to India this year around Jan and did the following 

1) My father and his brother released there life interest for an amount of 5 lakhs which is registered as document no x/2016. 
2) Immediately My cousin and I did partition in the property where the 1st 400 Sq yards belong to me and another extent of 400 Sq yards belong to him. 

Car parking area where my cousin's father already sold to another party in partition has come to my cousin. 

Later I went a head and bought another 100 sq yards in the parking area through a registered document  by paying him some money and its a oral understanding that he will pay some amount to the party who is currently in position. 

After few days i left abroad now My cousin, My cousin father (Uncle) and my father clouded and plotted a plan to make me suffer and did following things. 

1) Just after i left to USA 20 days from that he filed a suit in local court stating to cancel the relinquished  Life Interest document registered X/2016 so that all the documents further bonded will be obsolete  i.e Partition document of 400 sq yards and 100 Sq yards of land that i bought from my cousin. 

He took my notice and signed on my behalf and was planning to make me x party and get the orders for which my cousin and his father are both cooperating. 

I came to know this http://ecourts.gov.in thanks to online system. 

2) Also after taking the amount they did not paid to the person who is currently occupying the area and he is reluctant to move and shows his man power. 

For point 1
Should i File vakalat and fight that my father is producing all false alegations that i am residing in india and signing the notices on behalf of me and trying to make me exparte. or should i just keep quite. 

For point 2 
Since the registration done to the party in possession is by my uncle who has just Life interest  is invalid. So what should i do to make him to vacate the site and take possession. 

Any advice on this is really helpful.
Asked 1 month ago in Property Law from United States
Religion: Hindu
1. Unless you want to accept what your father has done you should without further delay engage a lawyer to appear on your behalf in the court. The court will proceed ex parte against you if your signatures have been forged on the summons by your father. 

2. You can challenge the alienation of properties by your father and uncle as a life estate holder cannot sell the properties and seek recovery of possession from the buyer.

3. Further injunction can also be sought to prevent them from selling the remaining property. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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1) you should engage a local lawyer and deny all false allegations made by your father . contest the suit proceedings 

2) file suit to set aside regd document executed by your uncle 

3) also seek court orders to direct third party to deliver vacant possession of the premises 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
Hi
You should appoint a lawyer and file vakaltnama and defend their claim to prove your rightful property
It is necessary that you make appearance through your counsel to avoid an exparti order.
You have to defend to claim your rights in the property.
You should make a counter claim of eclaration of your right and possession has to be reinstated .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1) it is in your interest to engage lawyer . summons have to be served to you . if you dont appear  in court  case would proceed exparte 

2)service has to be done at address mentioned in the  plaint filed . if wrong address is mentioned you can move court to set aside exparte orders passed


3) it is in your interest to contest case on merits rather than go on technicalities

4) i have already advised you as to suit that has to be filed by you  
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
1. You should execute and register a POA authorising some one in India to deal with the legal matters for and on your behalf. You can get the said POA signed and notarised  before the appropriate authority of your local Indian Consulate. Your POA holder should contest the case submitting for you that it is a collusive petition and the living right one relinquished after taking consideration through a registered relinquishment deed can not be cancelled.

2. The said area can not be sold by your Uncle since he is not its owner. So, the occupant has no legal right to claim title of the said area which you have finally purchased from your cousin. File an eviction suit against the said illegal occupier of the said area purchased by you. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. If you have cheated your father, then he should lodge a police complaint against you for cheating him. He can also file a suit for cancelling the relinquishment deed on the ground that he has not received the consideration as mentioned in the said deed. Till the said relinquishment deed is cancelled by the Court after hearing both the parties, it stands as a valid document. Filing a Vakalatnama indicates that you have received the Notice. You should contest the case through your POA holder fittingly.

2. You should file an eviction suit against the occupier when the subject of illegal sale conducted by your uncle will come to lime light which can be prayed to be declared as void by the Court during the hearing of the suit. You won't have to file any declaratory suit for declaring that the sale deed registered by your uncle is illegal. It can be done while disposing off the eviction suit by the Court, in your favour.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
For point 1
Should i File vakalat and fight that my father is producing all false alegations that i am residing in india and signing the notices on behalf of me and trying to make me exparte. or should i just keep quite. 

You can engage an advocate from your side, file vakalat through him and participate in the suit by challenging their false contents and case.






Since the registration done to the party in possession is by my uncle who has just Life interest  is invalid. So what should i do to make him to vacate the site and take possession. 

You can do that but since there is dispute n the court, it may not be an effective solution until the present case is disposed. 

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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My point is since i am not in India filing a vakalat means that i have received notice which techincally i haven't. With out contesting mean ex party. Contesting means i have received noticed. What is right here. 

There is no restriction to file vakalat when you become aware of a case pending agaisnt you in any court. 
You can send vakalat from foreign country itself by getting your signature on it duly attested by a notary of that country and send it directly to your lawyer. 




2) Should i file declaration suit to set aside the regd document executed by my uncle or what kind of suit should i file?

You can file this a counter claim in the same suit by paying appropriate court fee for that purpose. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1.  You have to decide what you want. If you want to contest then file the vakalat and if you don't then don't file it.

2. 'Should you' or 'Should not' is something you alone have to decide. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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