Gift deed, will deed and judgment
Guest
(Querist) 13 June 2014
This query is : Resolved
Good Morning,
I am Back with a query again.
This is an ongoing problem and the case is pending before Supreme Court of India under SLP.
We have properties across Hyderabad of around Rupees 500 crores, Which are self acquired properties of My Grand Father.
My grand father had two wives. First wife Narasamma and Second wife Ramulamma.
First wife had Four Children Namaely Chittarama, Veeramani, Srinivas and Manjula and Second wife had 1 child namely Lakshmi Devi.
My grand father died in the year 1976. And my mother Manjula She was not married at that time.
And my my both grand Mothers died around 1990 and 1992.
My mother got married in the year 1986 March'12.
what ever property acquired by my grand father was never partitioned or any family arrangement/ agreement/ settlement has done.
No one knows their exact share of the property. And its a joint family property.
In the year 2002 unfortunately my mother come across a sale deed which was executed by her brother where he has sold few acres of land to some other X without taking consent of any one in the Family.
Then the same was questioned by my mother to her brother and he said this property belongs to him. Then my mother asked to show the proof that the entire property belongs to him. But he just skipped it.
My mother filed a partition suit before Senior Civil Judge (District Court)in the year 2003. During proceedings Mr. Srinivas has started submitting the GPA and Gift Deed stating that these deeds were executed by mother hance he got right in the property. But when the signatures were verified we got a negative report stating that signatures are not matching. Hence the court was about pronounce the order but mean while they have filed an additional affidavit and submitted a Will Deed stating that this deed was found in the old Trunk box.
We had a family lawyer at the time of my grand father and he is still alive today also. But he never disclosed any thing about the existence of Will Deed till the case is filed. And the district court has dismissed the case.
And mean while we have filed a case for cancellation of Gift Deed. To say the property was Jointly held and no partition was done hence my mother has no right to gift the land but still the court held that gift is valid transaction.
We have not went for any appeal in that case.
We have went for appeal to High Court of Andhra Pradesh in the partition suit. and even the High Court has upheld the lower Court Judgment, mean while we found that A WP has been filed by the HIgh Couyrt of Andhra Pradesh against Mr. Srinivas under the AP Ceiling Act as, he is holding the property excess the ceiling limit, in this case mr. Srinivas submitted that the schedule property in the WP filed by the Govt of AP, is a jointly held property by all the legal heris of my gran d father hence all are having the share equally and under the cieling limit, hence the high court has passed an order stating that this property is under ceiling and held by mr. srinivas,manjula, lakshmi devi, chittaramma and veeramani.
Now the same court in two different cases but same scheduled property has given two contradictory judgment iwrt same scehduled property.
In Appeal Case it has passed an order stating that the property absolutely belongs to MR. Srinivas wrt same scheduled property and In WP filed by Govct of AP the High Court has passed a order stating that the same scheduled property belongs to all the legal heirs of my grand father.
Now pl let me know what can we do now? Now what is the better way? how can we get a justice in such case?
One thing i can make clear that there is no partition/ family arrangement or settlement wrt scheduled property.
Pl HELP
adv. rajeev ( rajoo )
(Expert) 13 June 2014
When there is no partition or any arrangements made by your GF during his life time then after the death of your GF your mother becomes the legal heir. As such she is entittle for the equal share along with other heirs of the deceased Grand father.
Guest
(Querist) 13 June 2014
Thanks for your reply sir, but i wanted to know how can we proceed further when there are two contradictory judgments as to the same scheduled property. And what about the will deed in such case?
Rajendra K Goyal
(Expert) 13 June 2014
Consult a senior lawyer of High court and show him all the documents / case file. The whole case can not be given in one para.
Raj Kumar Makkad
(Expert) 13 June 2014
Your documents are required to be gone through personally so better to seek either second opinion or seek professional services of any expert.
Guest
(Querist) 25 June 2014
Dear All,
Thanks for your valuable time and reply
