Regarding land dispute
shashidhar
(Querist) 11 February 2014
This query is : Resolved
sir,
my father has 2 sons and 3 daughters,and he has 7 acres of land after his expiry my grandma looking after it and divided the property as 3 shares. one for her and another 2 shares for 2 sons. for daughters she has given hard cash instead of property
the daughters recived hard cash and signed in confirmation deed in register office that we have no legal heirs on the property.the confirmation deed is registered. and now they have filed a suit that we want share that the deed is written in english and we did not know what is the deed and the cash recived by them has no proof.
ajay sethi
(Expert) 12 February 2014
the confirmation deed must have been translated and contents explained to the daughters ? the deed must be containing an endorsement to that effect .
if deed mentions that they have received cash and they have duly acknowledged receipt of cash they have weak case . in this suit evidence of grand mother will be crucial . whether payment of cash has been mentioned by grand mother in her income tax returns ? whether daughters have shown same in income tax returns ?
Rajendra K Goyal
(Expert) 12 February 2014
A lot depends upon the contents of the deed and the evidences of witness on it and other witnesses.
T. Kalaiselvan, Advocate
(Expert) 13 February 2014
The daughters have a very weak case. Ignorance of law cannot be claimed as an excuse so as to the contents of the deed, i.e., if they have signed it before the registrar, whether they never suspected any foul intention then, very hard to believe.