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50% right in property. How to proceed ?


30-Apr-2023 (In Civil Law)
Dear Sirs, Two properties involved : one house in town and a 30 acre farm ( both belonged to my uncle who expired in 1980). My relative and i have 50% share in the above properties. in 1982 i went to court to ask for my 50% share and while the case was running in the court my relative sold the house to a third party in 1982. When i came to know that the house has been sold i took possession of the farm under it is in my control till today.The case was concluded in lower court in 1991 and the verdict said that i have 50% share in both properties. Since the house was sold to a third party i had file a separate case against the third party. the lower gave verdict that i have 50 % share in the house also. the third party went to court and the case still pending with high court. My relative has approached the lower in 2011( after gap of 20 years) demanding his 50% share in the farm and the case is still pending. Since the house case remain pending Please advise as to how i can handle
Answers (1)

Answer #1
768 votes
1,Property sold during any LIS is not valid, and subsequent sale made to third party is also not valid.
2,According to court decree u have to initiate execution proceedings for possession of the property
3,Since you are eligible for 50 percent share in both the properties it is better to file suit for partition praying the court appoint Advocate commissioner.
4,This opinion is based on revelations you had made,without going in to merits of the case.

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