yogesh sood (student) 25 August 2012

Property case

Hello ,

i had a problem regarding property. My grandfather has 5 sons. he had expired 4 years back. all his rpoperty i.e agriculture land has been trasfered to 6 people i.e.5 sons and wife . all got there equal share. after 4 years mygrandmother who is living with my father from first, transefered her part to my father with legal registry, but my all other four uncles calims that they too have there share in that grandmother's property share, bt my grandmother refused to give them because she want her part should be on name of my father only. so my all four uncles filed a case to stop our registry's INTEKAL. we fought case in SDM office and we won so we got intekal of that land. but soon after my uncle's filed case in DC office for further appeal . we won that too . our result from DC was declared on 22nd MAY 2012, so i want to know something from you -:

1. How much time they have to appeal further to commisoner office.?

2. from what period, the time has started to appeal further?

3. what is the best practice for us to continue our winning streak?

4. everybody with us are saying to us that the all my uncle's has legal right on my grandmother's share . so we have to share with all else court wil do so. is this correct ?

i am waiting for favorable response.

NOTE-: someone said to us that they can file the appeal further with in 30days from collection date of result copy from DC office. so i need clarification on that too.

thanks and regards

Yogesh Sood

Distt- Fatehgarh Sahib

Punjab

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2 Replies

Anish Thakur 7018812737 (advocate) 26 August 2012

respected querist,

your grandmother is totally independent to give her share to any person no matter he is son or any third person and if she is willing to give her share to your father then its legally valid and no one can ask for her share.

the hierachy of revenue courts starts from tehsildaar-sdm-district collector- dividional commisioner-finance commisoner and after the decision of finance commisioner person can go for civit suit started from the civil jujge senior division - district civil courts and so on,but generally civil courts dnt accept appeals against the financial commsioner.

1.they have 30 days time for appeal to the commsioner office starting from the date when the copy of jujgement is made in the dc office not from the delivery of the copy to them.

2.explained in point 1.

3.you dnt have to anything as this litigation is wholly depending upon your grandmothers share and she wants to give it to your father.i advise you to make will of your grandmother in your fathers favour stating all these points.

4.why you are listening to everybody,listen to your lawyer and we the expert penal dealing with thousand of such cases in various courts of law every month are saying that you dnt have any need to share that property/share of grandmother with your uncles.i think and your uncles knows this thing very much but they are trying to harass your family and if the decision of DC is delivered on 22 may 2012 ,the time of appeal is over but they can take the ground of excuse in delay so i advise you to take the legal tool.

yogesh sood (student) 26 August 2012

thank you very much sir for your favorable response.

as we already knew that they have time of just 30days but our lawyer is saying to us they can file with in 90 days and we dont know why he is saying like that. so for just a clarification i posted on that.