Free Legal Advice - property dispute
Posted by: chandrakala
Posted on: 2019-06-10
With respect to your query, the legal opinion is as under:- (1) It is most unfortunate that there is no documentation about the alleged family partition in which the house was given exclusively to your father. (2) So the factum of oral family settlement shall have to be proved before the Court on the basis of oral evidence. (3) You should file a suit for injunction and declaration that your father was given the house in oral family settlement. However the success in suit shall depend on reliability of oral evidence given by you (4) Oral family settlement is recognized under Hindu Law. So your case is not hopeless. The oral evidence of senior persons from your village in whose presence the family settlement took place can prove the validity of family settlement. (5) As you are in exclusive possession of the house and you have spent the money for its reconstruction, it will go in your favor if these facts are proved by convincing oral evidence.
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