kannan (cus supp engg) 14 October 2012

Partition suit

Dear Sir

My Grand Father Sold three Ancestral properties in the year 1959 (31-05-1959)

Property Sold Date, Year and Amount
31-05-1959	31-05-1959	31-05-1959
Rs = 3500	Rs = 3500	Rs = 700
Sale Amount Total = 7700

In this three Registered documents Reason is given for sale is to Buy another land.

My Grand Father purchased three Properties in the following years

Property Purchased Year and amount
31-01-1962	23-01-1963	27-04-1995
Rs = 3750	Rs = 150	Rs = 1000
Purchase Amount Total = 4900

My father applied a suit against my grandfather in the year 2007. The above property is Ancestral property not self occured property you dont have rights to sell it.

Question 1

My Question is the Property Purchased in the year 1962, 1963 & 1995 is Self-occurred or Ancestral ?

Question 2

Duration between the Sale & First Purchase is 2.5 years (30 months) at that period he don’t have any other income, my grandfather also don’t have any document so Period 2.5 year give any problem ?

Question 3

Reason is clearly given in the 1959 Sale document to buy another land so witness is necessary or not ?

Question 4

Nobody is ready to come to court to prove the sale document in the year 1959 those who signed witness in the sale document. They are needed or not ?

Question 5

Property sold for a lowest prize when the suit is pending. Political leaders Involved So every thing is going wrong what to do ?

Reply Follow

1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 October 2012

Dear Querist,

In such circumstances since the properties were acquired from funds out of sale of ancestral property. All the three properties are ancestral in nature. The court in all probability would frame an issue on the lines "Whether the property is ancestral property" OPP Onus to prove on petitioner.

The circusmtances and the time difference between the sale and purchase and the recital in the earlier sale deeds as to the same was done to buy new property - should be sufficient in my view. The fact that they were registered deeds would add to the genuinity and certified copies can be led in evidence.

Contact a local lawyer.

Good Luck !

Bharat Chugh

Advocate Supreme Court of India