Upgrad LLM

land purchase law


If A - is from Hindu joint family puchased land in the name of B and C .

Where B is own daughter of A and C is brother's daughter of A.

B and C are minors


A - had paid entire compassion from his own account.

D is a father of C

Hence A and D are real brother's

Now if C is died in minor age of six years only.


And if after so many days D lodged suit in court for 1/2 

share and court gave judgement that A is a sole ower of this land 

After a gap of so many days another 

E - uterion brother of C , loadged the another suit  for half share that stating that 

He is a legal heir of C as a "uterion brother"


Please sir guide me whether this a


1

"resjudicata" case or not?

2

Can this case stand in the court and whether E will win it 


Note:-

This is my own case running in civil court Hence I want your friendly openion.
 
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Helo,

As per me case filed by E uterion brother will have not work as rejudicata. Further winning case depends on case. You can post the case paper here so that experts can advice you.

Regards,

 

 
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RETIRED JUDICIAL OFFICER

I agree with the opinion of Expert Advocate Mr. SHIRISH PAWAR,

 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : Bhika Reghiwale
If A - is from Hindu joint family puchased land in the name of B and C .Where B is own daughter of A and C is brother's daughter of A.B and C are minorsA - had paid entire compassion from his own account.D is a father of CHence A and D are real brother'sNow if C is died in minor age of six years only.And if after so many days D lodged suit in court for 1/2 share and court gave judgement that A is a sole ower of this land After a gap of so many days another E - uterion brother of C , loadged the another suit  for half share that stating that He is a legal heir of C as a "uterion brother"Please sir guide me whether this a1"resjudicata" case or not?2Can this case stand in the court and whether E will win it Note:-This is my own case running in civil court Hence I want your friendly openion.

 

1. IF Court has already pronounced order that "A is a sole owner of this land",  THEN the only thing remains for ANY claimant is to challenge the order and not file another matter. It would be abuse of law.

2. The above is more so specifically since "E" who being one of the legal Heir of "D", is bound by court order pronounced in adverse against "D" 's application.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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Sir,. U have given me too the point , usefull & accurate guidance without any type. of interest & solved my big problem . Really great ! God bless u Thanks !
 
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