How can we take ownership permanently or have legal rights
How can we take ownership permanently or have legal rights
Sir, I m staying in the suit house with my mummy, blind sister, my wife and my 8 months daughter. Suit House is in the name of my Grand Mother and she have 3 son and 2 daughter among which eldest one is my father. The Suit House was purchased in the year 1988 in the name of my grandmother with the help of my mother's Stridhan of Rs.30,000 in it. The property purchased may be probably of the cost of Rs.70,000/- in the year 1988. My Grandmother, Father and my 2 uncles were harassing my mom for dowry amount and even to me and my 2 young sisters a lot for no valid reason with extreme cruelty. Inshort you can consider for all of the cruelty that we know in the case of 498-a/c etc. Now coming to the point to kick off from the house which we are staying right now, in the year 2001 my grandmother files a suit in the civil court by pleading that we have illegally broken up the locked and illegally entered into the house and finally ask for the vacant and peaceful possession of the property, We resisted the suit by deposing that we have not entered into the suit house illegally in the year 2001 but on the contrary we are residing in the suit house with the plaintiff since the year 1988 and in the year by beating us the plaintiff run away from the house in the year 2001 and register a suit for the same to get kick of us from the house which we are living right now sine the year 1988. Although the property was/is in the name of my grand mother, my grandmother deposed in her pleading and the plaint that property was purchased from her stridhan and by certain amount from uncle who was working outside the country. But on the contrary when my uncle was cross examined by our advocate he says that he has never send any amount for purchasing the suit house to my grandmother and even my grandmother affidavit in her written statement that he has not took any amount from his any of the son for purchasing the suit house. And thus as on one side she pleaded everywhere in the plaint that she has purchased the suit house with her stridhan and certain amount from my uncle but as the deposition of my uncle was contrary to the pleadings the court declare that my uncle has not send any amount for purchasing the suit house and even our advocate when cross examined my uncle that whether my grandmother was having any income source he denies for it and says that my grandmother i.e. his mother his only getting pension of Rs.600 to Rs.700 per month and above that she is not having any source of income. Considering heavily this point court declare that although the property is in the name of my grandmother she has never put any concrete evidence of her stridhan involved in purchasing the suit house where we are residing right now. On the contrary as a defendant no 1 i.e my mummy and no.2 i.e. my self who is boy has deposed in our defence that my mother's Rs.30000/- has been involved in purchasing the suit house and even we have 2 witnesses for the same i.e. my maternal uncle and a society member mentioning to the court that Rs.30000/- was given by my maternal grandfather i.e.my mother's father (my nanaji)to my grandmother for purchasing the suit house as she was heavily demanding the same apart from it we were not having any evidence or an agreement for the same. Civil Court consider the same but did accept it legally as there was no concrete evidence for it moreover rejected the suit of my grandmother mentioning that we as a defendant has not entered in to the suit house illegally in the year 2001 but we are living in the suit house since the year 1988 as we were having at least 25 concrete evidence for the proof of same and we have produced to the court the same. My grandmother has appointed her power of attorney to my elder uncle in the suit itself and thereafter after loosing the suit they go for first appeal to the district court and the same got rejected as District Court also held that we have not entered the suit house illegally as mentioned by plaintiff (my grandmother and her POA my elder uncle) in the year 2001 but we are living in the suit house since the year 1988. Getting Disappoint from this they go for Second Appeal and their Second Appeal also dismissed considering the same as mentioned above. Moreover in the second appeal a serious mistake was made by our grandmother's (plaintiff) lawyer that he mention in his ground in the appeal memo that as they plaintiff has received the possession letter in the year 1997 how it can be held by the below courts that we the defendant were living since 1988 the Hight Court Judge slabbed to them mentioning that they have already mentioned everywhere in the plaint that they have took the possession of the suit house in the year 1987 and in the year my grandfather i.e. my grandmother's husband died in the very suit house so in consideration of this point the deposition of the plaintiff's lawyer that property was not in existence in the year 1987-88 has no substance and thus as there is no substantial question of law arises their Second Appeal is likely to be dismissed and accordingly dismissed. Respected Gentlemens, My question is I am a kid in front of you all educated and learned Lawyers can you please guide me now what can happen? Whether they can go to Supreme Court after this... High Court Order Date for Second Appeal Was 16/08/2011 i.e.almost 90 days has passed but is there any chance after this or whether they can get benefit of Limitation ACT please guide me what they can do now and what I have to be cautious now? Second question is whether they can file new suit again in the Civil Court with another story or can do something else. Third Question is if my grandmother dies after 4 to 5 years and she have a will in the name of my both the uncle at that time I have to leave the house where I am staying with my mummy, blind sister, my wife and a 8 months daughter. Please guide me sir what can happen at that time. Whether there can be property distribution at that time or as it has been held by the district court although not held by Civil Court that there is enough evidence of my mother's Rs.30000 used in the purchase of the house so my mother is having half share in the property. Right now the house value is approximately of Rs.30 lakh. Sir, As we are leaving since the year 1988 and already proved and held by the court can we live in the property without fear year after this without facing any litigations in the future...I hope you all gentlemens are smart and have understood my case....I request you to guide me what to do... Sir, i have got married my one sister with all my expense and even I have got married with my own saving and since 12 years I am running the house and my father is not giving any single penny towards the maintenance and moreover above this he has used all his saving and purchased another house in the name of my both the uncle so that we cannot claim in that house. So sir understanding the whole story what I should do now...XYZ [deleted] Note: As respected High Court has not given any possession right to my grandmother although the property was in the name of my grandmother can we claim for its ownership now or we do also have only the possession right please guide me in detail what is the case all about and what should be my next course of action. Legally how can we have ownership registered or else please suggest what we have to take action through judgements so that we can registered ourselves as legal owners or if we need to sell the property how can we do that and if we do not want to sale the property how we can safeguard for rest of the life as we are threatened that in future also we need to pass out the same type of litigations if my grandmother make a will in the name of my 2 uncles and my father.