Which document to follow for property
prakashpk
(Querist) 17 January 2015
This query is : Resolved
Hi Sirs,
My father filed case against my grand father and got share (house)through court. Court Appointed commissioner to divide the share. Commissioner made house plan for dividing houses. My father got share and on the same court judgement ( final decree) my father's brother (2 elder brothers) also got share of property which is next to our house. My father's 2 brothers sold the house to one person by using their original Property document not court & commissioner document.
Now problem is, there is a wall between the houses. As per commissioner, wall belongs to us and neighbour claiming that it is belongs to them saying as it is mentioned in their property document ( We call Thai Pathiram in Tamilnadu).
Now which one to follow?..
Because It is divided property by Court and commissioner very clearly given measurement of house and Wall is belongs to us.
As it has gone to court and divided, we believe Property document become invalid?..
But we require advise from experts.
Pls. advise
Regards
Prakash
ajay sethi
(Expert) 17 January 2015
you should forward copy of court order for division of property by metes and bounds to purchaser of the property . court order would prevail
prakashpk
(Querist) 19 January 2015
Thank you all for your advise.
Regards
Prakash
prakashpk
(Querist) 26 January 2015
Thanks to all. Is there any supreme court judgment which mention that Court documents prevails not the property document (mother document) as we have to show the order number in our existing case for reference.
Once again thank you all for the help.
Regards
Prakash
ajay sethi
(Expert) 26 January 2015
for judgements search in indian kanoon.com
prakashpk
(Querist) 26 January 2015
Thanks Ajay, As you know it is very difficult to search for us like a layman. Please help me to find the document.
Regards
Prakash
