Legal Question in Real Estate Law in India
Regarding Grand Mothers Property
My mother have 2 brothers and one.There was one property (land) in the name of my grandmother(my mothers mother).My grand mother and grand father passed away long time back.Before 8 years back my two uncles registered the property to their names without my mothers knowlegde.We found that during Sep 2007 and my mother and her sister filed a case in the court against their brothers.Soon after filling the case my uncles came for negotiations with my mother and her sister and agreed to give 0.5 acres of land (out of 6.35 acres) to each of them so my mother and her sister got back the case before the first hearing itself.My uncles agreed this before the magistrate and gave us a deed stating that they will give the amount for one acres after the sale and that amount will be divided equally between my mother and her sister.This deed was not registered any where in the registered office nor in the court.Just they gave that deed in Rs100 stamp paper.Since sale is not happening now and my mother doubt that my uncles may sell their land without her knowledge.So when we asked my uncle to register the land what they agreed to give in name of my mother and her sister they are refusing.Is it possible for me to file a case against my uncles?
2 Answers from Attorneys
Re: Regarding Grand Mothers Property
You need to check the proceedings of the court and find out whether it was dispose of as compromised or by way of unconditional withdrawal. In case of unconditional withdrawal, nothing further can be done on the cause of action of that suit.
Alternatively, the unregistered document executed by your Uncles needs to be examined to find out whether a fresh suit can be filed.
Re: Regarding Grand Mothers Property
Your documents needs to be examined as to decide wheather the fresh suit can be filed or not which is needed at this point of time.
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