Partition suit over ancestral property
Krishnan.k
(Querist) 14 May 2015
This query is : Resolved
Hello,
1.My Great Grandmother owned a property in tamilnadu, bought from her own income.
2.She had only one son which is my Grandpa
3. He had 2 children a boy (Elder) and a girl (Younger) (My mother and her Elder Brother)
4.My grandpa and grandma passed away when my great grandma was alive.
5.So the owner of the property My great grandma lived longer than my grand parents and passed away later
6.Until my Great grandma passed away she owned the property solely but she used the land for some loan (Mortgage) purpose whenever there is a need in the family.
7. She never wrote any will regarding that property, and no registered document is there for the directions about the land after her death.
8. After my great granmma passed away. The elder boy and the younger girl where the legal hiers of the land & both got married at the time.
9.The land documents and the patta was in the name of my great granmma all through the time
10. My mother and her elder brother,
11.some 20years back the Elder brother of the family has registered the property in the name of his wife, stating in the document that As he is the only owener of the property he tranfers it as a gift settlement to his wife. and register the document.
11.He never transfered the ownership from my great granma to his. but directly transfered the property to his wife. (Even when he gave a settlement deed to his wife, the land was in the ownership of my great grandmother. and no name transfer is done).
Now we filed a case in the district court and since the elder didnt appreaed for the case it was given Ex-party.
Kindly provide me information regarding the possibilities of the opposite party (Elder brother) for going to high court appeal and what are all the negative areas we have even after we won by exparty.
Is there any possibilty that the elder can win the case in the high court when he didnt even appeared in the district court??
Yudhish Padman S
(Expert) 14 May 2015
Dear Krishnan,
It is unable to provide information you had requested without perusing the case documents viz-a-viz, your plaint, etc., & judgment.
Regarding your next question, YES, the elder can win the case in the High Court when he did not even appear in the District Court.
Sudhir Kumar, Advocate
(Expert) 14 May 2015
repeated
http://www.lawyersclubindia.com/forum/Ancestral-property-120586.asp#.VVTAFfCupVI
Krishnan.k
(Querist) 15 May 2015
How to delete one of the redundant post?
T. Kalaiselvan, Advocate
(Expert) 17 May 2015
Dear Author, your mother has already won the case and the PD is in her favor, now you have to file application for final decree and also an application for appointing advocate commissioner for inspecting the suit property and allocating your mother's share in the property as per law, this is the procedure to be follow now by your mother, instead you are worried bout her elder brother's appeal or any other activity. If he prefers an appeal let him do it, it is his right, the law is clear that your mother has a legitimate share in her grandmother's intestate property as a surviving legal heir and successor in interest. So better follow up with your advocate on all further issues instead of wasting time on unnecessary issues.
