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Author Topic: Property Issues, Help Please!  (Read 527 times)

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Offline rl123

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Property Issues, Help Please!
« on: June 24, 2016, 11:14:04 PM »
Hi,

My dad's brother and my dad own land in our village in Gujarat. He tills the land but does not give us any share in the earnings, we now want to divide the property between the brother and my dad but he threatens us and is not ready to divide it amicably. We want to first:

1) Stop the tilling of land and hence stop his earning from it
2) Divide the land legally equally between my dad and brother

Please give us a solution to this. Since his only source of income is from tilling the land, we believe that stopping the tilling will make him agreeable to divide the land and hence maybe the second option of pursuing a case through legally asking for a divide of land won't be necessary and will amicably settle this matter.

Thank you for your time

Offline adv.amarnath

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Re: Property Issues, Help Please!
« Reply #1 on: July 04, 2016, 12:02:08 PM »
File suit for partition, injunction and appointment of receiver. This is enough
Regards,

Amarnath Sanyal
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Mob - 09830303322

Offline rl123

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Re: Property Issues, Help Please!
« Reply #2 on: November 06, 2016, 08:48:07 AM »
Thank you Sir for the reply. One more query in continuation to my earlier query.

Last time I had asked only about the land as we thought of amicably dividing the land and giving the other house which is in my grandfather's name to the brother as a measure of goodwill, but today in a meeting with my dad's brother, he told us to take 18 bigha of the land out of the 48 and end the matter, also sign over the other house and the factory in his name and then he will amicably settle. We are ready to give him the house, but the factor if he wants, he has to take a lesser share in the land and he is offering us only 18 bigha which is not acceptable to us at all. The worth of the factory is around 20 lakhs.

How do we file a case against all the properties in my grandfather's name together? The land is in Gujarat, house is in Mumbai and factory is in Bhiwandi, a small town 40 kilometers from Mumbai.

Also, we are pretty much tied up when it comes to money as my salary is what runs the house and I simply can't afford to pay the lawyer expensive fees as I can't afford it. Feels like a big rut and I don't know how to get out of it.

Offline adv.amarnath

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Re: Property Issues, Help Please!
« Reply #3 on: November 06, 2016, 12:32:21 PM »
If your grand father expired then presently his property has devolved upon your father and his siblings jointly in spite of patta is in his name.

Partition suit is not at all expensive. If lawyers are charging exaggerated fees then you can seek District Legal Service where a lawyer will be appointed for you at free of cost.

You can contact me for drafting of plaint and file the same with a junior lawyer at lower fee.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rl123

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Re: Property Issues, Help Please!
« Reply #4 on: November 07, 2016, 11:25:56 PM »
If your grand father expired then presently his property has devolved upon your father and his siblings jointly in spite of patta is in his name.

Partition suit is not at all expensive. If lawyers are charging exaggerated fees then you can seek District Legal Service where a lawyer will be appointed for you at free of cost.

You can contact me for drafting of plaint and file the same with a junior lawyer at lower fee.

Thank you very much for the advice sir. Will surely contact you for the same.

Also, is this a lengthy and long battle? or is it fairly straightforward?

Also, For the house in Mumbai, Factory in Bhiwandi and Land in Gujarat, do I have to file in separate courts or just one would be enough?


Offline adv.amarnath

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Re: Property Issues, Help Please!
« Reply #5 on: November 08, 2016, 11:38:07 AM »
lso, is this a lengthy and long battle? or is it fairly straightforward?
Ans: If your lawyer is good enough and works diligently then matter will end by 2 to 3 years

Also, For the house in Mumbai, Factory in Bhiwandi and Land in Gujarat, do I have to file in separate courts or just one would be enough?
Ans: You can file partition suit in such court where one property out of several properties lies. You have to include all properties which you are intend to partition or you can take leave before the court to make partition of others properties later on

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline shiv11

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Re: Property Issues, Help Please!
« Reply #6 on: November 12, 2016, 06:28:41 PM »
Dear Sir/Madam,

I am from Bihar and live in so called Joint family (By Law No Document available for proof). My Grandfather has 3 sons, 1st (Bade Papa-Elder Father) and 2nd (My father) had passed away and 3rd (Uncle) is alive. My father was the Karta of this Joint Family. He had the wholesale cement shop and agriculture lands which my father had bought but due to some reason few of the lands he had bought, he bought on Bade papa’s Name and on Bade Papa's Sons’ name. All financial matter was getting managed by my father. Even education expenses of Bade papa's sons had been paid by my father as that time he was only the source of income in our joint family.

Bade papa’s sons and Uncle’s family are well settled now and they have bought lot many properties (Commercial and Residential) in different-different cities but they never contributed anything in buying lands at native place.  There is a discussion going on to divide the properties.

They (Bade Papa's sons and Uncle’s family) are asking to divided all the properties (Few are on my Grandfather's Name, Bade father's Name, Bade Father's Sons' Name, My Father's Name, Uncle's Name) in 3 equal parts for Bade Papa, Papa & for Uncle. The lands which are on Grandfather's Name we inherit and rest all are bought by my father (but all lands are not on his name).

There is a 4 acres plot which is on my Elder Father's Name and a case is going on in the High Court Patna with 3rd party. During the hearing of this case, my elder father clearly said in-front of court (in wetness box) that I don't know anything and I have not done anything [He intended to say that he has not bought this properties], everything was done by my brother XYZ. We got the copy of that statement. Also in this land there is a tube well pump which was taken on loan by my father on his name and to get the loan he had produced this 4 acres land's paper (which is on elder father’s Name). This kind of lot many evidences we have which directly indirectly say that these lands are bought by my father but not on his name due to some circumstantial reasons.

Our stand point is that divide only inherited lands in 3 equal parts and leave all the lands bought by my father else divide everything (Inherited, bought by my father, bought by Bade Father's sons and Uncle) in 3 equal parts.  They are not ready on this point and now they started selling lands without taking consent of other shareholders. They are threatening us that whatever lands are on their name (Elder Father's Name, and his sons' Name, Uncle's Name), by law ,are going to be their properties.

Still nothing is divided and I am not sure what is the chance of winning If we knock the door of court?

1st thing what we want to do that no one should sell land until it divides? Need to know all the processes to stop them in selling the land immediately?


I request all senior and experience advocates to guide us.

I appreciate and respect your valuable times.  Thank you in advance.

Offline adv.amarnath

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Re: Property Issues, Help Please!
« Reply #7 on: November 12, 2016, 10:57:56 PM »
I have replied to your separate post.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rl123

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Re: Property Issues, Help Please!
« Reply #8 on: November 13, 2016, 09:42:53 PM »
lso, is this a lengthy and long battle? or is it fairly straightforward?
Ans: If your lawyer is good enough and works diligently then matter will end by 2 to 3 years

Also, For the house in Mumbai, Factory in Bhiwandi and Land in Gujarat, do I have to file in separate courts or just one would be enough?
Ans: You can file partition suit in such court where one property out of several properties lies. You have to include all properties which you are intend to partition or you can take leave before the court to make partition of others properties later on

Thank you for the reply.

What about filing a request with Mamlatdar? Is he the first person we should approach for something like this or a court case is the way to go? Also, what about the court fees? They will be pretty hefty right?

Offline rl123

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Re: Property Issues, Help Please!
« Reply #9 on: November 13, 2016, 09:53:59 PM »
Also my uncle is threatening us that he will murder my family if we don't comply

Also, he is saying that he will file a case in court and get us evicted from the house that we live in. Its a Paghdi house which is in my dad's name and we have rent receipts for the same ever since we have been living here which are in my dad's name too, is it possible for him to file any case for the house against us?

Offline adv.amarnath

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Re: Property Issues, Help Please!
« Reply #10 on: November 18, 2016, 10:34:33 AM »
All answers of your queries cannot be given after and after without knowing details of your matter. It is better to go for consultation in details with me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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