Family Property dispute

5 years ago

Hello,
My grandfather has 3 sons. We 3 families have been living in 3 different properties which are undivided properties. My father bought a part of the land on which he constructed a house by taking a loan. It's his self acquired property. The part of land my father bought has a sale deed between him and his 2 brothers where they have acknowledged receiving money from my father when he bought a part of the said land. Now my uncle had filed a case asking for partition of property. The case was dismissed. But in the second case that he reappealed the court gave verdict to distribute 3 properties equally 1/3 each between 3 brothers. Now if the verdict is executed will our house get partioned along with land on which we have been residing for 29 years or will the share that my dad bought will get adjusted while division of other properties??will the partition commission consider the sale deed??

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NARSIMHULU B

Responded 5 years ago

A.i will give the advice as well as give a better legal solutions

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ROBERT D ROZARIO

Responded 5 years ago

A.Need to review the judgement of the appellate court. Legal positions cannot be answered without complete facts, as the answer will differ from one facts to other facts.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client if you have all judgement copy with you then kindly visit to experienced property lawyer for proper legal opinion .Perhaps After read out all decree and judgement there might be new issues will overcome.

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Prabhakara S K Shetty

Responded 5 years ago

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A.Which is the second case, and which is first ? Is not your father going on appeal on that judgement ? and where your uncles have acknowledged reciept of money ?

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Anonymous

Replied 5 years ago

Hello sir,
The first case was filed by my uncle against his 2 brothers(My father and elder uncle). It waa dismissed by the court. But again he filed a case and the verdict came to divide all the properties equally among the 3 as it's an undivided land. The 2 other brothers have acknowledged receiving consideration in a sale deed with 2 witnesses when my father bought a part of the land to construct a house by availing loan. The court has not declared the sale deed invalid though it gave verdict to distribute all lands equally. My uncles have not bought any part of land in any of the areas they are residing on.

Anonymous

Replied 5 years ago

My father is going to reappeal. So I just wanted to know is it possible that the Court's decision was somewhat wrong?

Prabhakara S K Shetty

Replied 5 years ago

Yes the Court has made a mistake, it can be set right in appeal. The appeal should clearly point out the mistakes .

Anonymous

Replied 5 years ago

Thank you sir for your suggestion and time.

Manjula Shanmugasundaram

Responded 5 years ago

A.To answer this query properly, we need to peruse the plaint, judgment and decree, and all other documents relating to the case. More particularly, the schedule to the plaint.
Further, If the self acquired property is wrongly included in the property to be partitioned, you always have the appeal remedy.

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