Legal Question in Real Estate Law in India
Father has ancestoral 4 guntha plot in BEED maharashtra (India). All the documents are like 7/12 Extract,Tax record,City Survey are clearly mentioned on his name from 1967.The land is in our possesion till date.
However, Father's nephew has stamp paper of Rs 5 on which it is written by him that the property has been partitioned to him.The stamp paper has signature only on the top left corner of stamp paper.The stamp paper is written on front and back.(At the back no signature of father)
It was not purchased by father. The matter is written without knowledge of my father.
This stamp paper statement is written in year 1992.
Now in 2013 we are trying to sell this land. The nephew is gone to court for demanding stay and ownership of land using this stamp paper.He is kind of black mailing us.
I would like to know whether this is valid case ? Does the statement of 1992 does hold good in 2013.
What should be action taken by us. Please guide us .
Thanks in advance !
1 Answer from Attorneys
Once a matter reaches Court, one need to see the documents in the light of pleadings and prayers.
If advised by your lawyer handling the case, you may consider making appropriate counter claim in the suit filed by nephew.
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