[audioholic]

Originally Posted by FURY_44

Thank you so much for this audioholic, money making might be the modus operandi here, your suggestion gives me a lot of confidence, we have a lawyer next door, I will take this up with him if and when the notice reaches me.

If thats the case then its outright stupidity.

Dear lawyers, can I really claim stakes for an ancestral property my grandfather/father would have sold before I was even born/was a minor? Not in this situation but just curious to know

[Red Liner]

Originally Posted by FURY_44

This question is directed to the property lawyers on the forum.


I would be thankful to anyone who has more information on this.

PM me if you want a good property High Court lawyer who won't charge you an arm and a leg. I got him through one of the BHP'ians here and he is an old gentleman but superb.

Such useless cases should not only be dismissed but whoever filed something as atrocious as this should be fined extravagantly for wasting everyones time.

Originally Posted by audioholic

If thats the case then its outright stupidity.

Dear lawyers, can I really claim stakes for an ancestral property my grandfather/father would have sold before I was even born/was a minor? Not in this situation but just curious to know

Utter nonsense. Its precisely because such loopholes are even imagined to exist that our country is so difficult to do business in.

[LegalEagle]

Originally Posted by FURY_44

This question is directed to the property lawyers on the forum.

Today a so called "property verifier" turns up at our property in Bangalore and verifies the property owners name & address. Upon enquiring further he says it's for sending a court notice, we were perplexed by his answer, we have been the owners of this site for more than 30 years and there's nothing illegal about our occupancy. We haven't even heard the word "court" with regards to the property ever.

He further adds that the original seller's daughters may have filed a case and he mentioned something called "amin" or "ameen", I couldn't find anything on the internet related to this. If this may be helpful, the area which our property falls in has "B" khata approved only, not A khata.

I would be thankful to anyone who has more information on this.

Originally Posted by audioholic

Not a lawyer but this is a common money making scam nowadays where one of the stakeholders turn up with an argument that they were not a part of the sale deal or had not consented, so that they can extract some money out of the buyer...

The issue with out of court settlement in these scams is they demand a portion of the property's current value, which is absurd since it would have been a paltry sum when you purchased it. This increase in prices has itself increased the greed of certain people especially when it comes to B Khata properties.

Lawyer here. Below is the accurate answer:
1. This is an outright scam tactic. Please let the papers get served on you. Do note that the papers served, if any, should be from a court of correct jurisdiction, ideally JM1 or JM2. If you receive any notice from a lawyer, for now ignore, but do not throw them away.
2. Notices served will be only via Registered Post Acknowledgement Due, or Speed Post. Government does not use private post.
3. If notice is served by hand, ask the person serving for a copy of his ID card. Normally, it is sent via post, and only if you fail to respond, and a warrant is issued, do police or court officials come to your house. [Totally not how it is shown in movies]

Originally Posted by audioholic

If thats the case then its outright stupidity.

Dear lawyers, can I really claim stakes for an ancestral property my grandfather/father would have sold before I was even born/was a minor? Not in this situation but just curious to know

On this one, the matter is tricky:
1. If it is property which has been in the family from generations, you can stake a claim, as you have a share in the property as a grandchild. But, ideally, don't go for it, as it is a complete waste of time and money.
2. If it is his own acquired property, you do not have any claim whatsoever.

[FURY_44]

Originally Posted by LegalEagle

Lawyer here. Below is the accurate answer:
1. This is an outright scam tactic. Please let the papers get served on you. Do note that the papers served, if any, should be from a court of correct jurisdiction, ideally JM1 or JM2. If you receive any notice from a lawyer, for now ignore, but do not throw them away.
2. Notices served will be only via Registered Post Acknowledgement Due, or Speed Post. Government does not use private post.
3. If notice is served by hand, ask the person serving for a copy of his ID card. Normally, it is sent via post, and only if you fail to respond, and a warrant is issued, do police or court officials come to your house. [Totally not how it is shown in movies]

Thank you so much for your inputs & guidance LegalEagle, I will keep everyone posted if and when I get the notice.

[SR-71]

Originally Posted by NetfreakBombay

statute of limitations.

AFAIK will not apply if the the plaintiff can prove that there was fraud and the matter was concealed from him/her. The limitations apply only from the time of discovery of fraud. The best thing to do is check with a lawyer on these matters and take timely action.

[denzdm]

What a timing for me to spot this thread. I have been going from pillar to post trying to figure out a way to get my birth certificate. Though I have all other documents in place like Aadhar, PAN, Passport with the same birth date, however, the elusive birth certificate is missing. It was never collected / made according to my parents.

Also, the nursing home where I was born, doesn't exist now. So, that's a dead end. In my 40 years of existence, I have never been asked this document even once. Even on my US 10 year visa, my correct birth date is listed. Ironic, isn't it? Well, suddenly, why on earth would I need one, is what you will ask. I thought, why not? I am an alive breathing citizen of the country and should have my basic document (which ironically is everyone's first government document to be issued).

Well, I realized that my plan of getting one done is not an easy process (time wise) and might even need shelling out a huge sum (as per lawyers I have spoken to) which otherwise would have been a free document. So, I thought of asking my lawyer brethren here if this is the only approach or anything easier?

Option presented to me - Apply for NABC (non-availability of birth certificate) which is issued when the person has no birth proof. The person needs to enclose affidavits, address proof and birth proof.

[Fx14]

Originally Posted by denzdm

It was never collected / made according to my parents.

Also, the nursing home where I was born, doesn't exist now.

Even I was in the same boat till a few years ago.

If it was never collected, you could collect it now.

Have you approached the Municipal office under whose jurisdiction the erstwhile nursing home was located?

Provide them with your date of birth, parent's names and nursing home details and see if they can trace your record.

[ani_meher]

Originally Posted by denzdm

Though I have all other documents in place like Aadhar, PAN, Passport with the same birth date, however, the elusive birth certificate is missing. ... In my 40 years of existence, I have never been asked this document even once. ...

Option presented to me - Apply for NABC (non-availability of birth certificate) which is issued when the person has no birth proof. The person needs to enclose affidavits, address proof and birth proof.

I don't think you will ever need the birth certificate. IIRC, for persons born before 1990, other documents such as school leaving certificate etc suffice in place of a birth certificate. Only post 1990, they have made the birth certificate compulsory.

[aashishnb]

Originally Posted by denzdm

What a timing for me to spot this thread. I have been going from pillar to post trying to figure out a way to get my birth certificate. Though I have all other documents in place like Aadhar, PAN, Passport with the same birth date, however, the elusive birth certificate is missing. It was never collected / made according to my parents.

Originally Posted by ani_meher

I don't think you will ever need the birth certificate. IIRC, for persons born before 1990, other documents such as school leaving certificate etc suffice in place of a birth certificate.

Best option is to go to the municipal office of jurisdiction where you were born. Give them details (and make it worth their while!), they'll be able to find your records & issue you new birth certificate. You can now ask for as many copies as you want - at least that's the case in most major cities.

Earlier, the original birth certificates were taken by schools during admission (and not given back), and the school used to issue bonafide certificate/leaving certificate, etc. mentioning your date of birth, which was considered an official document. Please check with your school if they have a copy in their files. This may perhaps be more difficult than the former, but worth a try.

[FURY_44]

Originally Posted by LegalEagle

Lawyer here. Below is the accurate answer:
1. This is an outright scam tactic. Please let the papers get served on you. Do note that the papers served, if any, should be from a court of correct jurisdiction, ideally JM1 or JM2. If you receive any notice from a lawyer, for now ignore, but do not throw them away.
2. Notices served will be only via Registered Post Acknowledgement Due, or Speed Post. Government does not use private post.
3. If notice is served by hand, ask the person serving for a copy of his ID card. Normally, it is sent via post, and only if you fail to respond, and a warrant is issued, do police or court officials come to your house. [Totally not how it is shown in movies]

On this one, the matter is tricky:
1. If it is property which has been in the family from generations, you can stake a claim, as you have a share in the property as a grandchild. But, ideally, don't go for it, as it is a complete waste of time and money.
2. If it is his own acquired property, you do not have any claim whatsoever.

Hello LegalEagle

Today we received a notice hand delivered by a representative from the court, I am attaching the notice for your reference. The level of scam taking place here is atrocious, the notice has been addressed to 60 more people like us i.e approx 50+ sites which they have sold and now staking a claim.

The court rep has advised us to consult a lawyer and attend the hearing next month, what should be the due course here?

[suhaas307]

Originally Posted by FURY_44

This question is directed to the property lawyers on the forum.

Today a so called "property verifier" turns up at our property in Bangalore and verifies the property owners name & address. Upon enquiring further he says it's for sending a court notice, we were perplexed by his answer, we have been the owners of this site for more than 30 years and there's nothing illegal about our occupancy. We haven't even heard the word "court" with regards to the property ever.

He further adds that the original seller's daughters may have filed a case and he mentioned something called "amin" or "ameen", I couldn't find anything on the internet related to this. If this may be helpful, the area which our property falls in has "B" khata approved only, not A khata.

I would be thankful to anyone who has more information on this.

What generally happens in such property disputes is:

1) People file Suits for partition of the property alleging that they have not received their share of the property or did not have a say during the sale of such property. Especially now, in view of legal precedents and change in legislation due to judicial intervention, women have equal rights to share in the property and if her brothers/father have disposed off any property without including her in the partition, they are at liberty to approach Civil Courts and seek partition through judicial order.

2) This is a form of legal extortion that is perpetrated by older owners or so called "well wishers" of the former owners who want to claim stake of the property and such suits are filed against subsequent owners of the property, with other members of the family arrayed as formal parties to the case.

3) If you have any inkling or idea as to who the plaintiff could be, my strong suggestion is to file Caveats against their name and under Partition cases, immediately, apprehending that they may approach the Court and seek some kind of interim relief - usually in the nature of an ex-parte injunction (ex-parte = in the absence of the party whether in person or through legal pleader). Filing a caveat will be extremely beneficial as you will be intimated of any case filed against you, so you will be able to defend yourself in Court when the plaintiff attempts to obtain an ex-parte interim order restraining you from using or alienating the property you own.

4) Please approach a lawyer immediately and see if you can figure out who it could be. District Court websites now have the a database of cases and you could track the case that may be filed against you. Simply search for your name or your vendors name under the "defendant / respondent" search feature to see if any case is filed against you.

Originally Posted by FURY_44

Hello LegalEagle

Today we received a notice hand delivered by a representative from the court, I am attaching the notice for your reference. The level of scam taking place here is atrocious, the notice has been addressed to 60 more people like us i.e approx 50+ sites which they have sold and now staking a claim.

The court rep has advised us to consult a lawyer and attend the hearing next month, what should be the due course here?

Attachment 2303993

Oops! Looks like you have already received the Summons from Court. From a reading of the Summons, it looks like you have bee arrayed as Defendant No. 28. You will need to appoint the services of a good trial lawyer for this. Did you receive any other papers besides the Summons? There does not appear to be any Suit number (O.S. No. ____/2022) as such on the Summons which is strange.

It's too late for caveats now.

[FURY_44]

Originally Posted by suhaas307

Oops! Looks like you have already received the Summons from Court. From a reading of the Summons, it looks like you have bee arrayed as Defendant No. 28. You will need to appoint the services of a good trial lawyer for this. Did you receive any other papers besides the Summons? There does not appear to be any Suit number (O.S. No. ____/2022) as such on the Summons which is strange.

It's too late for caveats now.

Attached to this summon is a whole bunch of paper mentioning who all are the plaintiffs and defendants (in this case the count is 62) and all the property details like owners name, address are mentioned. From what I could read the plaintiffs have claimed that the properties were sold off without their consent and now the heirs are requesting their share of land. They also claim that all GPAs, sale deeds are illegal.

[suhaas307]

Originally Posted by FURY_44

Attached to this summon is a whole bunch of paper mentioning who all are the plaintiffs and defendants (in this case the count is 62) and all the property details like owners name, address are mentioned. From what I could read the plaintiffs have claimed that the properties were sold off without their consent and now the heirs are requesting their share of land. They also claim that all GPAs, sale deeds are illegal.

This is the general modus operandi of plaintiffs, usually coaxed by their lawyers/family members into filing a suit for partition against vendors and subsequent purchasers (present owners of the property), with the promise that years of litigation against current owners / subsequent purchasers will tire them out and force them into some kind of monetary settlement.

I am sorry that you are going through this.

Please check if an ex-parte Order has been passed against you and the other Defendants. If yes, then you will have to pursue this with extreme urgency and have the Injunction lifted. If there is no injunction against you or anyone else, you can relax a bit and let the matter go to trial.

[FURY_44]

Originally Posted by suhaas307

Please check if an ex-parte Order has been passed against you and the other Defendants. If yes, then you will have to pursue this with extreme urgency and have the Injunction lifted. If there is no injunction against you or anyone else, you can relax a bit and let the matter go to trial.

How do I check if there's an ex-parte orders issued against my parents?, and yes, there's a mention of the OS number ****/2021, does this mean this was filed in 2021?. How come we are notified only now?

[suhaas307]

Originally Posted by FURY_44

How do I check if there's an ex-parte orders issued against my parents?, and yes, there's a mention of the OS number ****/2021, does this mean this was filed in 2021?. How come we are notified only now?

Please check if you have received a cover letter from the Advocate representing the Plaintiff. The cover letter should have details about the ex-parte order, if any. If such a cover letter (along with an additional set of suit papers) is received by you, then it is likely that you and the other defendants have suffered ex-parte order. If no such cover letter is received by you, it is likely you have not suffered any exparte order.

If you are comfortable, please share the OS number (via PM) with me and I can verify for you if an exparte order is passed, by checking the district court’s website. This way, I will also be able to tell you exactly why the notice is being issued now despite the suit having been filed in 2021.