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Author Topic: Father's property - Legal advice required  (Read 545 times)

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Offline rk1983

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Father's property - Legal advice required
« on: August 20, 2017, 04:38:21 AM »
We were living in a house in Tiruvarur, Tamilnadu for many generations.  We wanted to purchase this property hence paid an advance amount to the trust. The trust agreed to sell it to us, and gave us in writing the acceptance of an advance and that we need to pay the remaining amount within a year (This document is still in our possession). We couldn't pay the remaining amount
due to financial constraints.

In 1994 my father got a work transfer hence we had to move to a different city and we leased out this house to his niece and family for 5 years. On completion of the lease period we paid them back the lease amount, but they refused to vacate the house, claimed it belonged to them and behaved very rudely to us. We also negotiated that if they wish they could register this
house after paying a compensation to us, which they did not agree to. After that we filed several cases at the police station and to the district collector, but it just resulted in warning them but then the police asked us to file a legal case, as nothing could be done to vacate them. My father's niece has political influence and also know senior officials in the police department, so they were able to silence any cases that we filed or with senior family members who tried to mediate and resolve this issue.

They have also created a fake document as if my father had sold the property to them. The entire neighbourhood knows that they are not genuine people and have cheated my father. Now they are trying to build a commercial complex in that place - we got this information from our neighbours. They have also tried to encroach our neighbour's land in this construction they have started. Our neighbours immediately filed a case and have got the judgment in their favour, so the construction has been stopped temporarily. My father's niece and family are so cunning and unfair, that in this case with our neighbour, they changed it as their sister only did the encroachment and they didn't.(Their sister lives in Thanjavur, how could she encroach a land in Tiruvarur? ) This shows that they did this purposefully, so that their name shouldn't be damaged and if later if we also file a case against them, the court shouldn't conclude that they tend to do such cheating practices and give judgment in our favor. This just shows how dishonest and unethical these people are. We want to stop that construction further at any cost, vacate them from the house and register the property in my fathers name.

The documents that we have:
1) Letter from the trust that we have paid an advance and can register the land in my fathers name
2) EB bill paid by my father (they have now changed their name as the owner recently and started paying EB Bills)
3) Kuchchi vari (property tax) documents which are have been paid by my father

My father is aged and not physically fit , he has been mentally affected due to this issue for the last 10 years, he feels he has been cheated by his own niece. He wants to register this land in his name and spend his last days in that house. He currently lives with us in Chennai, we are a middle class family and want to understand the following:
1) Can we file a case in chennai for this issue,as it will be difficult for my father to travel often to Tiruvarur for the case?
2) Is there a chance to win the case and get possession of the property soon , keeping in mind my fathers health and age?
3) Are there any lawyers in chennai whom you would recommend for handling this case?
4) Is there a way to get a stay/prevent them from further constructing in the property permanently?

Can someone with the relevant knowledge advise us in this regard. Any suggestions will be greatly appreciated. Thanks for your patience.

Offline advsarmaroy

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Re: Father's property - Legal advice required
« Reply #1 on: August 21, 2017, 07:11:03 PM »
mere legal advice will not help here for you, here is the link to lawyers in chennai consult them directly:
Advocate Sarmaroy
Corporate lawyer / Real estate law expert

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