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RAJKUMAR NARAYAN BASAWA (NA)     05 July 2014

Ancestral property

Property auctioned by court and sale certificate issued and the property is regirtered in the parties name

can any legal heirs of the property file a case claiming right on such property after the auction 



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 2 Replies

Kumar Doab (FIN)     05 July 2014

 

You have mentioned in just the Title of the query that property is ancestral.

The debt is not inherited, estate is inherited. The debt can be appropriated from the estate inherited/share arrived at after partition.

 

If you are Hindu then you would be aware that after the amendment in Hindu Succession Act there is no pious liability of son to pay debt of father.

 

You are pointing out that gross error has been committed by court of law………..

 

It the judgment is erroneous you can approach superior court………..and should highlight the facts and document presented to lower court and despite which court faltered…………..

 

If you wish to point that judge has deliberately given erroneous judgment despite facts on record you can point out to Vigilance Cell of High Court…………..

 

Before you proceed it shall be appropriate to meet a lawyer handling such/revenue matters in person with all docs on record and give inputs in person and proceed under expert advice of your lawyer.

 

 

The one liners that you have posted in your query may not be sufficient to address the matter.

 

If rights of legal heir/successors is violated they can approach court of law.

 

After all courts and state is Parens Patriae……………………… "parent of the nation."

Adv Archana Deshmukh (Practicing Advocate)     05 July 2014

The decree in the execution of which the the property is auctioned is binding upon the legal heirs of the parties. The heirs could have challanged the decree at the appropriate time and now when the property is auctioned and sold the chances are bleak.


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