21 September 2017
I am Vallaban. Linga muthu is my great grand father. He had 2 brothers Getti muthu and Mari muthu. All 3 equally divided their ancestral land.
Mari muthu died on 1954. He had 2 children named Sundaram(son) and Nallammal(daughter).
On 1974, My grand father Mr. Karuppanan s/o. Linga muthu bought Mari muthu's entire 1/3 share of the land from Sundaram s/o. Mari muthu twenty years after the death of Mari muthu.
On 1985, My grand father Mr. Karuppanan transferred half of the bought share from sundaram to my name (vallaban). Till date, myself and my grand father is jointly owning 1/3rd share of the land bought from Sundaram.
My grand father Karuppanan died on 1996 and Sundaram s/o. Mari muthu died on 1997.
Sundaram had 3 children Jothinathan born on 1969, Radhamani born on 1971, Prakash born on 1977. Jothinathan was 5 years old and Radhamani was 2 years old and prakash was not born when his father Sundaram sold his share to my grand father Karuppanan on 1974.
On 2015, Sundaram's all 3 children along with their aunt Nallammal, d/o. Mari muthu filed a OST - Original Suite (Title) for Mari muthu's share. They cleverly hid 1974 sale deed of their entire share to my grandfatherand similarly hid 1985 gift deed to me. They straight away demanded 1/3 of mari muthu's share. In this, Nallammal's stand is, her brother sundaram sold her share also without her consent. So, she want her share back from me (vallaban, grand son of Karuppanan). Since 1974 for the past 43 years either Sundaram's children or sundaram's sister Nallamaml didn't intervene my family's cultivation in the land bought on 1974.
on 2016, during the OST trail, Jothinathan s/o. Sundaram submitted a death certificate of Mari muthu with the death year as 1975 and argued that his father sundaram illegally sold his grand father mari muthu's share when he was alive. but that is fraudulent death certificate. Mari muthu died on 1954 itself.
I request to advise me for the following. Also please provide me your suggestion, if i missed out anything in my query.
1. How i can defend the legitimacy of 1974 sale deed between Sundaram and my grandfather Karuppanan and 1985 gift deed by my grandmother in my name. 2. How do i prove, Mari Muthu's death certificate is a forgery. 3. How do i defend, Nallammal has to claim her share to Sundaram or his children only, since Sundaram only illegally sold her share to my grandfather Karuppanan. In this case, my grandfather is also a victim of Sundaram's forgery.
22 September 2017
Legitimacy of the sale deed, if duly registered, is not easily questionable. The death certificate, if forged could be rebutted by oral and documentary evidence. How is Nallammal, in her pleadings, attempting to explain the limitation aspect.