DAYASAGAR MEHER
(Querist) 08 January 2015
This query is : Resolved
A judgement was passed by civil court in 1994, in which the court ordered my grandfather, to refund around 250 grams of gold to my father. The gold was given by my father to my grandfather in 1985 regarding marriage purposes. An appeal was dissolved in 1995, confirming the previous order.
But in spite of the order my grandfather didn't refund the same. Now both my grandfather and my father have expired in year 2006 and 2009 respectively.
That my grandfather had around 20 acres of land which is not partitioned among my uncles (father's brother). I am requesting my uncles to sell some acers of land in order to settle for 250 grams of gold in my favour, and the rest of the land will be partitioned equally, but they are denying. They want all lands to be partitioned equally and to ignore the court order.
Can I approach the court in this regard so that I will recover 250 grams of gold by selling some of the lands registered in my grandfather which is an ancestral property?
Is there any validity of the court order passed in 1995?
Can anybody provide me judgement passed by high court or supreme court in this regard.
Isaac Gabriel
(Expert) 08 January 2015
It is time barred.Neverthless you can try your luck since it is a family matter.
venkatesh Rao
(Expert) 08 January 2015
Hopelessly barred by limitation. Law cannot help; but morality can.
Advocate Bhartesh goyal
(Expert) 08 January 2015
Judgment & decree passed in the year 1994 can not be execute now.It is now time barred.
ajay sethi
(Expert) 08 January 2015
barred by limitation .
Guest
(Expert) 08 January 2015
Seems to be a fictitious problem!
How you know that your GF did not give 250 gms gold to your father? The question arises, when your father can dare to sue his father for return of gold and get a decree in his favour 20 years back (1994), why he kept silent on the issue for 15 years even till his death in 2009? Moreover, what is the proof with you that your father did not get the gold, as per court order?
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