Legal Question in Civil Litigation in India

sir

we r a joint family, my father aged 63yrs and has two brothers. my father owns a property in sangli maharashtra all documents are in his name. my father elder brother was allowed to stay and look after the property which has residence and ground floor shops. we stay in coimbatore and visit twice yearly for holidays and marraige functions.

now my dads elder brother has occupied nearly 85% of the property he stays there and has got occupied of the commercial shops to their sons businesses,and demands a 50% share in the property nor hes willing to give us any further rooms to us as am married and lack living room as i hold only 2 rooms.

the property is a three storeyed RCC building valuing crores.

my father has decided to go legal for kabajaa ie evacuting them totally from the property which they stay for 20-25 years but dont have any documents on their name except they have water, electrity additional connections in their name.

if going legal whats the procedure will i win the case.

will i have to pay stamp duty of the valuation of the property to fight the case.

will it cost me huge and if i will will i get my expenses refunded fron the govt or the party.

please tell will i get totall hold of the property legally by court vacation, as i dont wont to fight and make a mess in the society by throwing them out with social influences as it can be done and no law can stop in whatam doing.

pls do throw some light on my issues sir pls..


Asked on 5/01/10, 2:06 am

1 Answer from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

As in your question you've told that you live in the joint family system, then this property shall be from common stock, or this comes thro' accretion in respect to mentioned said property. Then their will be both the burden to tell the court, prove show that this is your self acquired property is within your interest. After court vacation you can pay the respective court fee as per the maharastra court valuation act at said jurisdiction.

Note: if any accessory easement like Water Connection, Electricity Connection stands in the name, or favour of your uncle's, then they can take advantage of this accessory posssessions, and prove before the court of law..

Thank You,

Kind Regards. Sanjay K. Dixit, Advocate,

Davangere.

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Answered on 5/02/10, 5:50 am


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