• Land dispute

An Land buying agreement is done in favor of grandfather name. Later the seller has died and seller son’s are not ready to give property to my grandfather, My grandfather filed case though court. Later on after 5 years my grandfather died, After grandfather death, two sons and grander mother name are include to the case and was running, later on grandmother has expired, First son was attended court as per lawyers input whenever required, second son never attended the court even he has not paid court fee and lawyer charges, After 4 years the first son decided to compromised with seller son and took 2000 square feet’s out one acer. This 2000 square feet’s are registered in the favor of First son. And First son given a written document on 10 rs stamp without Registration saying I will be the responsible if any approaches for this case 123/2003.

Question is: First son got registered land 2000 square feet’s on his name but property has not come though court compromised outside court. In this case whether second son has right on the 2000 square feet’s which is given to First son. 

Would like to know more about rule 28 of 3 setion and also rue 36
Asked 1 month ago in Property Law from hyderbad, Andhra Pradesh
Religion: Hindu
what is the status of suit ? 

the compromise is only between seller son and first son 

3) the suit would continue by second son against the seller 

4) second son cannot claim share in 2000  sqaure feet received by him 

5) the consent terms arrived at between seller son and first son must have been filed in court . suit would continue as far as second son is concerned 

Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
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Unless the grandfather had left a will wherein he made a bequest in favour of first son all his children ha an equal share in the land which was to be registered in grandfather's favour. The first son alone cannot claim succession to the land. The second son can file a suit for partition to cull out his share in the 2000 sq.ft land. 
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
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The second son may not have attended the court but if his rights are determined by a consent decree passed by the civil court or an out of court settlement between the plaintiff and defendant which resulted in withdrawal of suit by the plaintiff then he can cull out his share through a suit for partition.
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
5.0 on 5.0
1) the suit would continue as far as second son is concerned with the seller son 

2) ask second son to recover money from seller son in court 

3)second son has no right on the 2000 square feet land 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
Question is: First son got registered land 2000 square feet’s on his name but property has not come though court compromised outside court. In this case whether second son has right on the 2000 square feet’s which is given to First son. 

The first son entered into an agreement with the heirs of vendor and accordingly he got his share in the property under dispute.
But the first son has got only his share and that too on his behalf alone.
The second son, who is the 2nd plaintiff is also entitled to his share in the property, hence will continue to fight the case even if the 1st plaintiff is not interested to continue and prefers to withdraw.
The second son's share in the suit property remains in tact, he can fight for his rights separately in the same suit.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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Now Second son is coming even I have right on 2000 squarefeets and gave lawyer notice, but second son never attended to the court and  second son never sspent singel ruppe for this case. hence First son compramised outside.

The first son can withdraw only his case and his brother's case will continue to run unless he decides to withdraw.
The 2nd son can fight for his share if the compromise agreement is not in his favor.
The first son cannot prevent the 2nd son to continue the case.
The question is not about who funded for the case but it is about what releif both have claimed and whether it is joint relief or separate.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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