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kannan (cus supp engg)     14 August 2012

Property

 

Sir, 

My Name Kannan

 

* My Grand Father Sold 3 Ancestral property in the year 1959 for Rs.7700. 

* In that sale Registered Document he wrote the reason for sale is to Buy a New Land. 

* He have written the same reasion in all three 3 documents.

* In the Year Jan-1962  he buy one Land for Rs 3500 & Next year 1963 One more land for Rs.700 in his name 

 So both Purchased documents looks like Self earned property 

 

* My father took the Certified Copy of 1959 Sale document & filed a Suit against my Grandfather the Property 

 Purchased in the year 1962 and 1963 is also ancestral property with the sale amout of 1959 only this property 

 have been pruchased.

 

* Suit filed on sub Court in the year 2007 

* My grandfather's Cross Examination & Argument also finished.

* This Feb-2012 my grandfather sold the property when the suit is pending & land also destroyed 700 Coconut tree

 Lemo 200, Banana 2000 & more valuable trees etc... converted into Plots and the purchased guys also started 

 selling the plots. 

* Now our case also got a suit judgement is dismissed that due to non evidence to prove with that 1959 Amout only

 he purchased the property is not acceptable. and after 3 years only he purchased so this is self earned Property

 is this  correct judgement ?

*  What to do next ?



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 August 2012

Dear Mr.Kannan, 

Can't really comment on how perverse or well reasoned judgment is without goin through the entire case record. However we can talk principles - if you could prove by evidence that it was proceeds of sale of ancestral property from which the present property was acquired then in that case the subsequently acquired properties also become ancestral - the fact that they were acquired after 3 years is immaterial. The difficulty is in discharging the Burden of Proof since it's such an old dispute. Proving the grandfather's lack of such resources at such time may be helpful. Consult a local advocate to file an appeal. 

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