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 7 years ago in Property Law
Religion: Hindu
Thanks
For 1) I with help of some in India could trace out the suit filed my father and came to know that he filed as if I had cheated him by not giving 5 lakh rupees. But in the Registered document its written that they have already received 5 lakhs rupees as cash and same has be acknowledged orally by my father and uncle before sub registrar before registering the document.
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.
2) Should i file declaration suit to set aside the regd document executed by my uncle or what kind of suit should i file?
Asked 7 years ago