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Chandra sekhar (-)     19 August 2012

Ancestral property dispute

we have ancestral property, my late grand father had two sons and three daughters, my father is the younger one, one of our aunt claimed the property through a fake will deed of my late grand mother, for which we had filed a legal case in Judicial magistrate, the judgement came in the favor of my aunt in 2000, its nearly 12 years can we go to upper court, please suggest



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 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 August 2012

You want to challange JMFC's judgement by filing an appeal after 12 years...? not possible.

adv. rajeev ( rajoo ) (practicing advocate)     19 August 2012

It is too much delayed.  Even if you filed you will have to explain each day delay properly.

adv. rajeev ( rajoo ) (practicing advocate)     19 August 2012

If it an ancestral property, so legal heirs of your GF had got equal right over the property.  Immediately after the death of your GF succession opens, as such your mother was entittle for equal share along with others.  Your GM had no right to execute the will in favour of one of your aunts, she could have executed the will to the extent of her share only.  STii you can do contact your lawyer.

Chandra sekhar (-)     19 August 2012

Thanks for your reply's, i was just 16 when all this happened, and the one of the main reason is my father's negligence. I don't even know the exact judgement, is it possible to know or get the judgement copy given by the Judicial Magistrate.... 

waiting for reply.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 August 2012

Dear Mr.Chandrashekhar,

 

Though the delay in filing an appeal can be condoned/pardoned by filing an application u/s 5 of the Limitation Act and showing 'sufficient cause' for delay. However in the facts and circumstances - showing sufficient cause for not preferring the appeal for 16 YEARS, is next to impossible unless you make out an extraordinary case. Consult a local advocate with full facts and circumstances to explore that possibility. Being ancestral property your right was indefeasible by any will.

JANAK RAJ VATSA (ADVOCATE)     19 August 2012

the delay is inordinate and extremely difficult to petition for condonation with convincing cogent reasons

Sudhir Kumar, Advocate (Advocate)     12 September 2012

First of all be clear that everyone who is loser by a WILL challanges it as fake and forged. Generally challnager looses.

 

You father challnaged and lost.  it is 12 yers now.  You should have challnaged it within three months.

 

Even if you were minor you could have sued through your father. You do not even have the judgement so you cannot be sure whether it was relly forged or just stated to be so.

 

Thou it is apprently gone case yet I will agree wtih Mr Bharat Chugh.


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