Legal Question in Real Estate Law in India

This is regarding the property matter. My father being deaf and dumb came under the influence of some people who can help him in getting his 3rd marriage for which he is eagerly waiting. Those people took all his money and this greedy people forced him to sell one of our grand father property after his death and our opponent bought this property.

Now as per the Will of my grandfather he has clearly mentioned that �as my son is deaf and dumb and is incapable of handling my property as somebody can take undue advantage of his disability, I am giving my entire property to my grand son�. Using this will we got the status quo from district court under CPC order 39 rule 3. The matter is pending in civil court. And we have possession of the property and have kicked out my father from my grand father�s property. My father has not replied to the show cause notice since 3 months.

Now the people who has bought this property from my father have filed police case against me and my father that We have trespassed there property and have occupied there property under IPC 451 and we are arrested and got the bail from metropolitan court. Moreover they filed an application to enter into my civil suit which was against my father. But after filing neither our opponent nor their advocate came to court nor they have submitted any application.

Further they also filed suit in executive magistrate court under CRPC 145 and 146 for which we already replied that matter is pending in civil court.

I further file suit against my opponent to make this sale deed to be made null and void as my father is not the owner and he has no right to sell the property in city civil court. I have obtain interim injunction against them under CPC order 39 rule 3. After 3 dates they are not able to file answer to my suit.

I want to know

1. What is your opinion on this matter. I have property with me, but I am harassed by the opponents with different kinds of suits for which I also have to file civil suits to save my interest.

2. I am in no interest to settle with them because instead of talking face to face they are filing police case to pressurize me.

3. AT this point can they go to high court to challenge my interim injuction.

4. I have to waste lot of time and money to be present at different dates in different courts, is there a way out that all the matter is taken up at once at one place with one date in a month.

5. What further thing can our opponent can do?

6. The action taken by me are enough or still I have to strengthen the case?

2 Answers from Attorneys

Related Questions & Answers

More Real Estate and Real Property questions and answers in India

Looking for something else?