Sale of Undivided share while FD Proceeding was pending

Querist : Anonymous (Querist) 30 July 2011 This query is : Resolved
While the FD proceeding was pending before the sub court one petitioners X sold his 1/7 share to his elder brother's son Y on 14-08-1990 .(The adjacent property also belonged to Y). There after the X died and his LR' got impleaded in FD and same was passed on 24-07-1993.Thereafter the LR's taken delivery of the said property as per delivery made in EP on 11.08.99.It is interesting to note the Y as well as the LR's have been remitting land tax receipt of the property and both of them are claiming possession over the property.
Recently the Y filed a suit for injunction against the LR's. Now court has issued commission to inspect the property. Suit will be listed for evidence soon.
Dear friends I am appearing X in the above matter.Is it winning a case to Y?. Is there any rulings in favour of Y?

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prabhakar singh (Expert) 30 July 2011
before answer i have still questions to ask???
1)whether 1/7th sold was total share of x????

2)whether LRs took delivery of sold 1/7th byx??

3) if yes, why and how?????

Querist : Anonymous (Querist) 30 July 2011
1.Yes it was total share of X
2.They took delivery as per delivery made in EP on 11-08-99
3.It was technically. Actual possession was with X and he has been remitting land tax.

prabhakar singh (Expert) 30 July 2011
when it belonged to x and x sold it there was nothing to devolve upon lrs. of x,they got substituted but nothing devolved upon them as that was already sold.lrs. can not claim what was not claimable even by x.

the only point is that a wrongful delivery was made via process of court,will court allow it go as adverse possession case in favor of lrs. of x is.Equity says no.

Querist : Anonymous (Querist) 30 July 2011
Thanks Prabhakar Singh Sir.

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