If we win in auction can 2 hiers pay jointly to 3rd in court
1 hier ousted other 4 siblings forcibly after fathers death in 2008 . and threatened all of us not to enter the house or bear dire consequences we moved to court . HC defined that property belongs to all 5 equally , LC appointed . As the grabber is in possession convinced the LC that property cannot be devided whereas it clear 5 equal portions , then Mediation was suggested ., that also failed because he did'n 't want to sort out the matter .so that he and family alone can live in whole 250 yards 2 1/2 story house in posh locality in south Delhi . He is occupying more than 3/5th of the property whereas he is entitled to only 1/5th share
Any way .HC suggested inter se Bidding .All agreed .and process was completed in 3-4 dates in 2011 and one of us 4 was highest Bidder . We jointly paid 1/5 of bidding amount - his share ,in the court as per court order .. As soon as we deposited his share in the court Date was fixed for final order for relinquishing the possession , he announced that he has filed SLP in SC .
Now we were in doldrums . Our money was stuck .
Attended dates and dates for 4 years in SC we filed IAs for early hearing as we all are senior citizens , for getting us mesne profits & rent for our shares he using for last 8 years . and also possession .but nothing came out
4 months ago SC disposed off his SLP ( NOW CIVIL SUIT ) and ordered HC for appointing LC to arrange Auction Inter se Or Public auction
20 Jan is Date fixed for auction
My query is -- Is there any objection to any body that we 4 siblings pay jointly to the 5th If we win the auction ? we want the property ,not the money .
An early reply is solicited
Thanks and regards