Validity of xerox if court file is missing

There are several other factors that can decide the ownership that includes revenue/municipal records, tax paid receipts, registration and EC details, etc.

Though Xerox copies are not primary evidence, it may serve as secondary evidence to support other claims.

If you are in physical possession and enjoyment of the property, let the other party establish his such rights after 61 years and it may take another 30 years to get the final verdict

Apply for such certified copies and enclose available xerox copies and let Court's response in original is in your possession.

(This information is some thing new to me: alloted a property in the year 1959 through a court auction : was it purchase through open court auction which should also be registered or indexed with Registrar ?)
 

SWhat is the cause of action for filing the cse at this belated stage? How is the limitation aspect taken care of?

@ Mr Prasad and @ Mr Venu

Thank you for taking the time to reply to my query.

The auction took place in 1959 in the court in Goa then under portugese rule. Under the law properties of parents/ancestors could go into auction amongst family members.

In the said auction my late mother outbid her two other sisters to win the said plot. All siblings were required to sign the auction paper which they did. The property was then indexed in my mothers name ( we have a certified copy) and the revenue reciepts from that day have been in her name as well. We also have a certified extract from the auction of they year 1959 that says the property went into auction and that my mother bid and won the plot. However this certified extract does not mention the presence of her other two sisters at the auction.

The fact that they were present and signed on the auction papers is evident by the old xerox copy we have of the entire file where all the family members signed and gave reciepts that they have recieved their share of money from the auction. ( we only have xeroxes of these)

My Aunt's son filed the case stating that the auction was conducted without the knowledge of his mother and I am guessing this is how they got around the limitation rule.

What remedy do we now have? Can the court give an adverse desicion even though the original file is lost? 

Thanks,

John

Now that you have already engaged one advocate TRUST him and sail with him.   So far as legality at the time is concerned, once it is indexed in  1959 and when possession and enjoyment were incorporated in your mother's name, you have strong evidence and evidence of Adverse possession.  What happened to your two aunts now?   When the real legal heirs have not raised such an issue at an appropriate time, their legal heirs can not assume something.   Don't worry and never go for a compromise, and you can certainly win the suit.  Xerox copies also serve as evidence at this point of time as they are reproductions of original documents.