Ancestral property hindu joint family(civil law)
sa7124
(Querist) 29 December 2014
This query is : Resolved
Sir/Madam,
The ancestral property division case was filed by children at the ages 19 and 18 years respectively, now their ages are 26 and 25 years respectively. Due to few reasons case is delayed. Now the plaintiff No.1 filed chief examination report in the court, but due to personal reasons(went for higher education)Plaintiff no.1 cannot attend the court. After taking permission from court, we discarded the Plaintiff No.1 evidence report and filed another chief examination report by Plaintiff No.2. But all the facts were not disclosed in the chief examination report submitted by Plaintiff No.2 which are very important in the case.
Can Plaintiff No.2 now discard the present evidence filed and file a new chief examination report disclosing all facts??If so, please tell how it is possible.
The property belongs to Great Grand Father of Plaintiff's and received to Plaintiff's Grand Father as a natural succession according to Hindu Law.Before the death of Grand father of plaintiff's, he performed gift settlement deeds in the favor of all his 5 sons without partition according to meets and bounds and without plaintiff's consent and knowledge. As recently in the Month of May 2014 both Grand Father and Grand mother of Plaintiff's died.During filing the Petition the plaintiff's were not aware of all facts regarding case.They only claimed their share from ancestral property but didn't claim to cancel the sale deeds done over ancestral property.
can Plaintiff's now file a Regender/Additional petition in the civil court??
(or)
Now how can the plaintiff's file all facts, to cancel the gift deeds done over 5 sons and to cancel the sale deeds done over part of ancestral property.Can plaintiff's disclose the above things by filing Additional Petition (or) by filing all facts in another Chief examination report by Plaintiff No.2.
Please help us in finding solution and kindly provide your suggestions.
Thanking You
T. Kalaiselvan, Advocate
(Expert) 29 December 2014
The gift deed made by the grandfather to his sons is valid and legal as he inherited the property from his father and became an absolute owner. In this the grand children cannot term the property as ancestral and can claim a share in the property. Further the 2nd plaintiff once already deposed evidence in chief, he cannot give additional evidence to fill up he lacuna. The first plaintiff if has dispensed with his evidence, the plaintiffs having no further PWs, the case will be ordered for defence witness by closing prosecution witness.
