Legal Question in Civil Litigation in India

R E P E A T M E S S A G E -

Respected sir,

Our father have 3 sons and he had a Gaothan land on his name before 30 Years ago. But further, Our middle brother had obtain our Signatures on Simple plane paper ( NO BOND) by stating fake reasons and converted land along with constructed home against his name. But transactions made by him was not aware of rest we 2 brothers and kept us in dark. Later he sold some part of said land to his relative without any notice and consulting to us, Then his relative started shop in this place. Presently out of this land only 33% land is belongs to both of us But rest 67 % land is being used by our middle brother and his relative.

Can u suggestion whether we suit case against both of them and seek stay against Shop? Please guide.

BAPUSAHEB KUMBHAR


Asked on 1/12/15, 9:42 pm

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

You can file a suit for declaration and partition.While claiming relief you have to prove that you have not consented to such transaction and that your consent was taken with fraud. Since the shop has already been made, there would be no benefit of stay. You have to claim your share either specifically or in terms of money.

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Answered on 1/12/15, 10:28 pm


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