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rahul sharma (software developer)     03 October 2014

Jurisdiction on civil matters

Hi Folks,

              I need your advice on the following Isuees

1. My grandmother has filed a case  in chandigarh district court under Hindu succession ACT and  my Order 7 application has been rejected and  the property in question is my home in panchkula but on the grounds that bank lies in chd they have rejected my application as per ref cpc 20 rule . Can any provide me judgement  or or can share any relevant case 

Thanks in Advance 



Learning

 4 Replies

adv.raghavan (Advocate,9444674980)     04 October 2014

Query has to be more clear

shamataneja (Advocate)     05 October 2014

pls give more particulars about you case

Sanjay Bhatt (commercial executive)     06 October 2014

My grandmother died time not known. At that time she had elder son and two daughters. Elder son separated from my grandfather and took his share of the property . My grandfather  married again  and had a son from 2nd marriage. Grandfather died in 1960, leaving behind two original sisters and step son (mama)and step mother (nanniji), a house and 1000 acres of Agricultural land The two sisters got married off ( one in Srinagar and one in Lucknow) and due to circumstances my  step mama and step grandmother were looking after the house and agricultural land. The earnings from the agriculture produce was handed over to the sisters whenever they visited Khandwa.

My step grandmother also died and later the two sisters one of them my mother and the other mausi came to know that step mama is selling off land quietly and on being questioned about the sale of land he refused to cooperate.

My mother and mausi filed a case and through investigations and searching we came to know the following facts

1) that the name of my step mama and step grandmother has been entered in the land register and deliberately the names of my mother and mausi not included.

2) During this time my elder mama original son came to know and he filed an affidavit in February 1976  informing the court that my mother and mausi  were also the heirs of the property. My mama also died.   

3) False cases and false representations were made in court false signatures were used and my mother and mausi were falsely presented and the court passed an order in October 1976, that the property belongs to the step son and mother.

4) All the above facts have come to my knowledge  after my mother filed a case in the year 2005. My mother died in the year 2010 and I was representing as a son - the court has dismissed my mothers appeal, citing the above judgement and I have filed an appeal which is pending.

An early response and advise is expected, will I get anything, am I on the right track. 

Thanking you.

Sanjay Bhattacharyya.

 

 

 
 

Sanjay Bhatt (commercial executive)     06 October 2014

My grandmother died time not known. At that time she had elder son and two daughters. Elder son separated from my grandfather and took his share of the property . My grandfather  married again  and had a son from 2nd marriage. Grandfather died in 1960, leaving behind two original sisters and step son (mama)and step mother (nanniji), a house and 1000 acres of Agricultural land The two sisters got married off ( one in Srinagar and one in Lucknow) and due to circumstances my  step mama and step grandmother were looking after the house and agricultural land. The earnings from the agriculture produce was handed over to the sisters whenever they visited Khandwa.

My step grandmother also died and later the two sisters one of them my mother and the other mausi came to know that step mama is selling off land quietly and on being questioned about the sale of land he refused to cooperate.

My mother and mausi filed a case and through investigations and searching we came to know the following facts

1) that the name of my step mama and step grandmother has been entered in the land register and deliberately the names of my mother and mausi not included.

2) During this time my elder mama original son came to know and he filed an affidavit in February 1976  informing the court that my mother and mausi  were also the heirs of the property. My mama also died.   

3) False cases and false representations were made in court false signatures were used and my mother and mausi were falsely presented and the court passed an order in October 1976, that the property belongs to the step son and mother.

4) All the above facts have come to my knowledge  after my mother filed a case in the year 2005. My mother died in the year 2010 and I was representing as a son - the court has dismissed my mothers appeal, citing the above judgement and I have filed an appeal which is pending.

An early response and advise is expected, will I get anything, am I on the right track. 

Thanking you.

Sanjay Bhattacharyya.

 

 

 

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