Property dispute : anticipating a court summon what should i do
Hello,
Some 2 years back my Grand Mother has sold her (title in her name, not ancestral property) residential property to me. The said property is in the C1 city of the S1 state, where my parents and my grand mother reside (in the same property). I live and work in C2 City of the S2 state. My opponents are in C3 city of the S3 state. All locations are in India.
Now daughters of my grand mother are threatening me/my father of dragging us to the courts in the C3 city this. This will be a “no holds barred” attack on us. I am OK with fighting it legally. But for that we (myself, my grand mother & my father) will have to travel to the C3 at least once or twice. The biggest challenge is my grandmother is a heart patient (1st heart surgery in 2001 and 2nd in 2013) and my dad is also a heart patient (1 heart surgery in 2012). Not to mention their age (grand mother 94 years, father 67 years).
My best bet is my grandmother herself, because she will speak for me, but the appellants will accuse me of using force, possibly challenge her mental sanity (touch wood that is perfect) given her age, and almost anything under the blue.
I have the following questions.
Does a court in C3 has jurisdiction to listen a case for C1 property ?
Can I have the case transferred to my city C1 citing the health of the defendants?
What is the worst i can anticipate here?
Can there be any arrest warrants against anyone in this case ?
Anything that i should/can do to stop them from filing a case altogether (mutual compromise is not a choice).
Regards
1 Reply
Assumptions: your grandmother had purchased the property and the same is not subject to any legal encumbrance (like mortgage, lien etc.). You have purchased the property from your grandmother through a registered deed.
Now regarding your queries:
1. As per section 16 of Code of Civil Procedure, 1908, court of C3 does not have jurisdiction to listen/proceed with a civil/title suit upon the immovable property which is situated in C1. If any case is filed take recourse to have the same dismissed filing an application for non-maintainability due to lack of proper territorial jurisdiction.
2. If the courts in C3 is satisfied that it does not have the jurisdiction then it will return the plaint to be filed to the court having proper territorial jurisdiction (which is C1).
3. Difficult to state what will be the worst. Case could drag for years, you may lose the case (you can appeal from the order) etc.
4. Arrest warrant can be issued only upon institution of a criminal case. If a criminal case is instituted in C3, summons will be sent to the accused person’s address. If you receive the same, have someone fight the case in the court where the criminal case is instituted/take bail etc.
5. You cannot. Even on stupidest grounds people have instituted cases. You cannot take away the right to approach courts for relief. You have to fight it out. If civil court in C1 decides you have good and proper right title and interest over the property you can use it for later uses (declaration of title suit). Ensure mutation is done on the property in your own name, you pay property tax and other municipal charges etc.
All information provided herein above is based on the information provided in the post and therefore should not be considered to be legal advice. The author have only cited his/her opinion on the issue and recommends that a lawyer may be consulted for proper advice and process.