no will.... court has put a stay on the property
Hi,
my father is the eldest of four bothers and three sisters. My one uncle has settled abroad for a long time while the other one is dead and has got 2 boys and 1 girl and a wife. Due to some reasons, his widow (my aunt) is married to the youngest brother. After the death of my grandfather, since no will was made as such a family settlement was made under which my father agreed to took the rear portion. Now the entire property is divided into four parts in which two parts are with my father since we have good terms with my uncle in abroad and he asked my father to look after his portion. The third part and the fourth part both belonged to my aunt and her husband (ie. my fourth uncle)since she was married to the the fourth son. According to the famly stttlement she(my widow aunt who is now married)was supposed to give us way in the front to park our convence and also a way at the back . But she completely denies that and infact blocked the area by putting bricks and renting that area. As a result we are blocked at the back only a way of 2 feet is there to move. my father has put that case in the court but it is still with the registrar. In the meantime, One cousin of my father ( whose father ie my grandfather’s brother who has sold his portion earlier) now has brought up a case on the whole property of my grandfather (which is right now divided according to family settlement)that he wants his share from this property. This case is totally baseless but because my father has accepted the summons sent to him at time now as a result of which ther is a court stay on the whole property. Because of which we cannot do any construction. Please help.
5 Replies
first of all what are you? a hindu or muslim or christian?
because if you are a hindu ,then your property should be distributed as per hindu succession act, if you are muslim, then according muslim law and likewise.
now assuming that you are a hindu, i am saying what hindu law tells in this matter.
your fathers cousin has no right in your grandfathers property.because your grandpa’s brother has sold his portion of property does not mean that your fathers cousin can claim that. hindu law clearly states that only heirs of the dead person and the widow of the dead person will get the share of property and that is also equal share.now you can easily dismiss the lawsuit filed by your fathers cousin on this ground.
and to your aunt’s case, since she is the wife of a heir to your grandfather, she has no claim over your property according to hindu succession act. since there is no will, the succession will be guided by hindu succession act in case of hindu. so you better sue your aunt.
Thanks for the advice
I am a hindu and as you said we know that m father cousin has no right in the property but at this moment the case is with the registrar (who know my father cousin) amd the registrar is still asking from some paper or other in order to make the case pending. Also in order to prove that he has no right we have to show the paper which everytime they misplace. And the most important thing is that there is stay by court on the property which restricts us for construction and we need to repair before further damage occurs to the property. But everytime we start the construction my aunt threaten us and labourer that she will go to ploice. Moreover she now puts condition on everything we want to do in our portion. The major problem is that she is not ready to give us a way in front to park our car even after the family settlement which she has personnally signed. Though we know what she is doing is wrong but the case is not solving as our lawyer is not proactive. It has beem past 10 years and nothing has been resolved so far. Pls suggest a right path.
so there is a clear pact between the registrar and your fathers cousin. now the registrar is a very important person in judicial hierarchy, you have to manage him. you have to compromise with him.
this is the best you can do.
That is quiet evident but isn,t there a legal procedure to check the working of registrar i mean to say there ha sto be a time limit the case can be with the registrar.
the time limit of registration in a civil court is 3 years from the date cause of action arise. this 3 year cannot be extended through legal notice.
in your case i think 3 year from the date of conflict is over. you cannot file the same suit now. in your case, i think for past 10 yrs. you cannot file this case.
now if the registrar admit your case, the court will dismiss it on the ground that the time limit has expired.
all you can do is to change the plea and file a brand new case. i don’t know what was your plea in this case. you have to change it and make a new plea.
now i think it will be better if you sue both your aunt and fathers cousin. charge against your aunt will be criminal breach of trust since she violated a family settlement which she herself signs and against your fathers cousin, it will be on succession ground.
the benefit of this strategy is that you can kill 2 birds in 1 shot. it will save your money too.
this time pls compromise with the register.