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RAJU (svsd)     21 July 2024

Regarding ancestor property purchase

Case Summary:

  1. Property Background:

    • The property in question originally belonged to my super grandfather( he has two sons).
    • Despite not being under my father's or grandfather's name, but my family has resided there for over 70 years.
  2. Legal Dispute Overview:

    • After 60yrs descendants of my father's uncle sons (my grandfather's brother's sons) claimed a share in the property as it was there under my super grand father name.
    • As my grand father expired and my father thought the property partition done during their father's time, which my father disputed due to longstanding occupancy.
  3. Sequence of Events:

    • My father's brothers sons sold the property to a third party without my family's knowledge.
    • Subsequently, as the same time with neighbours sugestions my father sold the property to another individual, with both transactions recorded in the Encumbrance Certificate (EC).
  4. Current Situation:

    • Due to some circumstances I  now wish to purchase the property from the person to whom my father sold it.
  5. Legal Questions:

    • Now this case is on court since 12years Can I legally register my name for the same property given the double registration and the EC showing both parties' names?
    • At the end the property belongs to whom. is it good to register my name do i face any issue if i register the property when the case is on court.

      Please answer/advice my question
      Sorry for my bad english


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     21 July 2024

How can you register the property by yourself, the registration of the deed should be executed by another person having title to transfer the same to you.

During the pendency of a civil suit no such transactions will be considered as legal, if challenged.

RAJU (svsd)     22 July 2024

Thanks for your response. Whoever the pearson brought from my father he wanted to sel back to my family.  


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