Quarry regarding land dispute
SIVA KUMAR
(Querist) 09 July 2017
This query is : Resolved
Sir,
My late Grand Father (B) and his two brothers got partitioned their ancestral properties on 1945, the same was admitted and mentioned in their registered partition deed among my grandfather’s Elder Brother (A) and his sons in the year 1965, On 1948 after joint family partition B has purchased independently some agricultural lands in the civil court auction, during B life time before 1960 he independently sold those lands which he purchased in court auction except two survey numbers. Regarding those two survey No’s on 1986 A executed registered Gift Deed in favour of his daughter & son-in-law stating that he has 1/3rd share joint right without any right, possession and enjoyment, A never have possession and enjoyment at any time, Done tried for mutation in revenue records but they are not succeeded, entire revenue records stand in the name of B who paid land revenue tax, in possession & enjoyment since 1948, after demise of B his legal heirs on 1990 executed registered partition deed and allotted these two survey numbers to all of the B family members along with other properties and the revenue authority recognized our possession, enjoyment & 1990 partition deed mutated our names and issued Pattadar Pass Books, On 2005 done filed suit for declaration of title, right and asking Pass a Preliminary Decree for division of the suit lands in the A.P. subordinate court, now it is under trial and B younger brother (Died) (C) who was an advocate not claimed any property purchased by B in the court auction, the suit property still enjoying by us only
kindly let me know IS IT VALID GIFT DEED ?
Kindly suggest your kind opinion with some SCC and AP high court citation
Regards
Dr J C Vashista
(Expert) 11 July 2017
Consult a local lawyer with full information and relevant documents.
P. Venu
(Expert) 13 July 2017
Please state the simple facts.
SIVA KUMAR
(Querist) 14 July 2017
AFTER 3 YEARS OF JOINT FAMILY PARTITION 1945 AMONG MY GRANDFATHER AND HIS 2 BROTHERS MY GRANDFATHER HAS PURCHASED SOME LANDS INDEPENDENTLY UNDER REGISTERED DOCUMENT,
AFTER SOME TIME SOME LANDS MY GRANDFATHER SOLD AWAY TO THIRD PARTY THROUGH REGISTERED SALE DEEDS WHICH HE PURCHASED IN 1948,
AFTER 48 YEARS ONE OF MY GRANDFATHER'S BROTHER WITHOUT ANY RIGHT, TITLE, POSSESSION EXECUTED REGISTERED GIFT DEED IN FAVOUR OF HIS DAUGHTER MENTIONING HE HAS 1/3 SHARE IN THE PROPERTY WHICH MY GRANDFATHER PURCHASED IN HIS PERSONAL,
TILL TODAY WE ARE IN POSSESSION TOTAL EXTENT SINCE 79 YEARS, MY GRANDFATHER'S BROTHER OR DONE NEVER IN POSSESSION AT ANY TIME.
MY GRANDFATHER'S BROTHER ADMITTED ABOUT 1945 JOINT FAMILY PARTITION IN THE PARTITION OF HIMSELF AND HIS SONS AND MANY OTHER REGISTERED DOCUMENTS,
NOW THE DONE FILED SUIT IN THE TRIAL COURT FOR DECLARATION OF TITLE AND RIGHT,
KINDLY SUGGEST YOUR OPINION WITH SOME CITATION TO CONTEST REGARDS
