Title for ancestor's property
Durgaprasath
(Querist) 02 December 2014
This query is : Resolved
We have a ancestors property (land) on our title from year 1935. One of our relative has filed a case claiming that property in 1965 and he has won as well (I learnt that my grand father was deceived by our advocate and oponents by asking him to keep quite for all questions in court).
The opponenet won on the couple of appeals thereafter as well though all documents are in our name from year 1935.
Court has provided the opponents a permanent injection against us in 1965. But after that, in 1972, on plain paper, our grandfather got a release deed from the opponent's son while the opponent is alive (again cheated by them and now we learnt that son cannot give release deed while his father is alive)
After that, they never claimed title and the land continued to be on our name as per revenue records till date.
The opponents grand son has filed a fresh case in 2002 as a partition suite between their brother and sister and in that partition suite, he has included these lands as their own and asking court to recover from us and then do the partition.
His only document to claim the rights on this property is 1965 judgement on their favour. But all revenue records and official title remains on our name till date from 1935.
We learnt from some advocates that limitation won't apply here since he got permanent injection from court in 1965 and he can claim anytime. Some advocates say, after 30 years one cannot come and claim though judgement was in his favour in 1965.
Please advice. One of our relative (High Court Judge) told that only with judgement copy of 1965, the property cannot be claimed after 30 years though limitation might not be applicable since all the revenue documents are properly maintained by us from 1935 till date.
Need advice. Also looking for an advocate in and around chennai to lead this and provide an opinion.
Durgaprasath
(Querist) 02 December 2014
Please advise. Civil suite
Kiran Kumar
(Expert) 02 December 2014
The question is the Whether the decree of 1965 decided the title of the property or not?
As you said the revenue records is still in your favour then there is doubt regarding the nature of decree passed in 1965.
Otherwise also a decree cannot be executed by way of a separate civil suit.
You please mention the final relief granted by the Civil Court in 1965 in order to enable us form an opinion on the matter.
Durgaprasath
(Querist) 02 December 2014
Thanks for your immediate response. Would be great if we an meet or chat. Will share details tomorrow. I prefer to contact you in person. Since this is public forum, I cannot ask your contact details here. Please drop a test email to durgaprasath1982@gmail.com and I would like to be in touch with you.
Thanks a ton!!!
T. Kalaiselvan, Advocate
(Expert) 06 December 2014
The issue seems to be about the title already decided by court way back in the year 1965, however, if it was not so, then the judgement of 1965 in this regard has to be seen for forming any opinion on it including the relevant revenue documents conferring the title in your favor. So in the absence of details it will be difficult to give any advise or suggestion.
