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Ayadoure Srinivasane   27 July 2016

Property dispute

I am Srinivasane, living in UT of Puducherry. I am posting a query which I is happening in my family case. My maternal grandfather holds a piece of land which he got the rights of succession from his father. During my great grand father period, there has been a dispute case against a family who are saying that they also owned that peice of land.
They have used 4 person for this as proof with birth and death certificate. From now I will mention A for my family side and B for the opponent side.
A has two person, one is Sabapathy(great grand father of my great grand father) and Thayalnayagi(my maternal aunt)

B has two person of the same name of which Sabapathy is kept for the opponent(who currently representing them) and Thayalnayagi (opponents great grand mother).

B, that is the opponent's lawyer has used this point to link both family are of same hierarchy by using the dead certificates and birth certificates details and the names were kept for remembering the ancestor. For which the Justice also gave 1:1 share for the cases.
We have reappealed the case..
my question is
1) Property tax will be issued only to owner doesnt have their name and it has only names of A family.

2) how can the justice be given by using names as a proof, however there are many srinivasane in India. So all Srinivasane will be of same hierarchy. 

3) I am going to demand for DNA test, to prove the hierarchy. It can be done ?

4) My family has been paying property tax and other taxes for 150 years, how can the justice can grant 1:1 verdict over the case. Moreover, my maternal side have said my great grand father was eldest son in his family. Does the eldest son can acquire most perctange of the share?
 

5) Is there any loophole to break this 1:1 case?
Please respond me  :) 



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 2 Replies

adv.bharat @ PUNE (Lawyer)     27 July 2016

1) Property tax is issued to owner of that property.

2) Property will be devoled as per hindu sucession act and not as per name of person.

3) DNA test is not solution for finding hierechy. Do title search report from the property lawyer to know ownership of land.

4) only paying tax not amout to owner of that property.

5) Once your family hirechy is fixed then there is equal distribution of property among all the legal heirs.

Ayadoure Srinivasane   27 July 2016

@Adv.bharat, as per documents there are so no proof of family B to be linked with us. They are just used that name linking with the case and got the later verdict. I want to know really those people are really linked with our family as well as title research report is showing my great grand father's name as the owner of the property and he wrote his legal hire to be his son who is my great grand father..

My point is if the DNA test failed then how could they be our family linkage to claim so? Added to that my maternal relatives have paid property tax for about 150+ years. So if the place were to be divided, we can ask to give the share for the tax what we have  paid so far with interest because yesterday money isnt the same for today.


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