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UTo give you some context, this property in questions has been passed down now by 3 generations, in a tier 1 city. One of the second generation hier is educated while the rest are not(let’s call him and his kin A and the rest XYZ). This has caused a lot of issues over the years which I will summarise in points. Please feel free to give any info about individual points as well.
1) So A is the only one in possession of the original will and all other survey papers (at least claims to be) and with his he is always encroaching everyone’s property by stating that XYZ have built houses outside the boundaries.
I figure I can get the survey results through a legal process, but the will and other documents, is there a legal process to request him to share all documents that he claims to be the sources with others?
2) A and XYZ agreed to give the said property to a builder for development purposes in 2001. There was some advance money paid out by the builder and there was no development started by the developer in a long time. Since XYZ had no employment, they took out several more advances throughout the years from the said builder, now 20 years later, there is still no development and even though we’re willing to pay the money back (even with interest) the developer isn’t make any progress.
What can we do in this situation?
This has been going on since I was a kid and now I earn quite well and I want to help my dad using some money I can spend. It’s been really hard to see him struggle with his relatives. Any input or suggestions of legal teams are welcome! Thank you for taking the time to read!
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VHi lawyer from delhi here!
If there was no formal agreement with the builder you can simply give the contract to another builder and as you’ re agreeing to pay the amount, when the first builder asks for it, you can get that settled.
Secondly, about the property you can file suit for partition of the property among all the successors. This way your uncle would be forced to present the paper in court and then you can either let the case go on and get the property partitioned and demarcated or withdraw the case and use it as leverage.
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