Property Owner and The lender cheated by The Borrower

5 years ago

Dear Sir,

History:
My Grand father having 1 Elder and 2 Younger brothers. My Grand Father fought with his brothers for share in the existing house in those days. Finally, he achieved share in the house. But in the Asset deeds, partition details were not written. That means, it was a COMBINED asset deed.
When my Grand Father was alive, one of the Son (Name: Mr. Babu) of my Grandfather’s younger brother, took loan from a manufacturing company by sharing combined asset deed to them. Later, Mr. Babu did not paid the amounts, the company sent court orders to all of us (including to my grandfather) to vacate the current house.
Immediately, My Grandfather filed a case in the court in 2002. After follow ups with the court and submitting the necessary proofs to the court. Till now, no one announced to us to vacate the current house.
Later , My Grandfather was dead during the case running status.
My Father took the charges of this case from 2006 onwards and followed with the court as per the need.
Now he became old and unable to travel to the court comfortably.

Mr.Babu Activities:
Mr. Babu took loan from a Manufacturing company by using combined asset deed. He did not repay the amounts. The Mfg Company, sent notices to vacate our current house. Immediately, my Grandfather filed case in the court stated that, the current house belongs to us .
Mr. Babu had his own house. He written (new asset deed) each room of this own house to his wife, sons and daughter i.e Wife having full rights on kitchen, each son and daughter having full rights on arranged rooms, Outside of the house ( entrance of the house) belongs to Mr. Babu.
By this, the court cannot capture his own house, since each person having each rights on the each room and cannot demolish the house for recovery of the amount.
Now, he was enjoying the life happily without any tensions. My parents were following to the court.

Case Details:
1. Case started: 2002
2. Case Type: Original Suit
3. Current Court: Principal Senior Civil Judge
4. Acts: CODE OF CIVIL PROCEDURE, 1908 (HB)
5. Under Section: 26
6. Stage of Case: For Steps
7. Years of Case Running: 16Years
8. Respondents:
a). Mfg Company
b). Mr. Babu and his Agencies ( Shop)
c). Mr. Babu’s Father ( Already dead).

9. History of case hearing:

1. Period and Observations: Till August 2017, court changed the hearing dates.
2. Period: Oct 2017 – Aug 2018
Purpose of Hearing:CROSS EXAMINATION OF PET
Observations: One of the judges opened this case and started the work.
3. Period: Sept 2018
Purpose of Hearing: SUMMONS
Observations: “Photo copies of death certificates of D5 and D6 filed along with memo ans the same is recorded. Await summons of D7 to D9 meanwhile steps against D5 and D6” by court.
4. Period: October 2018
Purpose of Hearing: PROCESS
Observations: “Await Ss”
5. Period: Nov 2018
Purpose of Hearing: SUMMONS
Observations: My father sent letters to latest addresses of the respondent ( Mr. Babu family children and his brothers and sisters)with Acknowledgement as per court order.
6. Period: Dec 2018
Purpose of Hearing: FOR STEPS
Observations: Only Mr. Babu accepted the letter, but not his children,his brothers, sisters. Not received acknowledgment receipts from none of them to court. As per the court order , again my father sent letters to all the respondent.
7. Period: Jan 2019
Observations: Next hearing date

Present:
It’s time for me to take charge of this case from my father. This case was sincerely following from my Grand father 2002 to me (2019) (Total= 16years). I do not understand how long this case will run from me.
I am an employee of Pvt Company, working at other place, not in my native place. The time arrived that, I have to attend the court. To prove that, the current house belongs to us and having full rights to us. I already paying Municipality House Tax , Electricity bills..etc which was on my father name.

Please guide me , what actions need to take ?

Awaiting for your reply.