Share in property
T.R.Arora
(Querist) 24 February 2011
This query is : Resolved
In 1950(PARTITIO OF INDIA AND PAKISTHAN), 20 acre of agriculture land was allotted to my uncle on concessional rate he has paid cost to govt in1960. At the time of allotment the member of my family was my grant mother, my uncle, my father my boa(father sister) A s Karta of family the land was allotted to in name of my uncle our families are living separately since 1956. my uncle is selling the property .my father claimed the property share in court of SDM in1974 but suit was declared not in our favor . Can I file suit again for claiming share in property Pl advice me. Stop him from selling the property
Sanjeevappa. L
(Expert) 24 February 2011
No, you can not file another suit. since resjudicate will applies. If you are really aggrieved you can file regular appeal in the appellate court challenging the judgment and decree of the trail court provided if it is within time.
Parveen Kr. Aggarwal
(Expert) 24 February 2011
If your father had initiated legal proceedings making claim in the property and lost then you cannot initiate second round of litigation on the same ground.
However, you have stated in the query that the proceedings were in the court of SDM. SDM cannot decide about the title of the property. Will you please state what was the nature of proceedings before the SDM and what was eventually held in those proceedings?
