Land suit Land suit

10 months ago

My Father's brother and ourself filed case against land partition (initially our grandparents property) between us in district court where we have won. The court advice to split land into two

My uncle who is opposite party to us, has speratly filed a case against their aunty (my Grandfather's sister) for the same. There he lost the case and our half land been taken by them

And the balance land is taken by our uncle

How can we get the half part of the balance land from my uncle. ?

Kishan Dutt Kalaskar

Responded 10 months ago

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A.Dear Sir,
It is called conflicting judgments. Your advocate ought to have more diligent to implead yourself as a party in the case filed by your uncle against his sister. Further, background of the cases to be discussed with any senior lawyer and tried to go in appeal against both the judgments.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,

In the given situation it is not clear, as to how your father and uncle become the legal heirs of their grandfather's sister in the absence of any family tree/details of legal heirs of grandfather's sister. From the contents of the query, it appears that this may be the reason for which your uncle lost the case in Court. From the contents of query it is also not clear, who has taken away whose land in the absence of any Courts order. So clarity in the query is necessary for a proper response.
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Vidhi Samaadhaan Vidhi Samaadhaan

Mrighankhi Chakraborty

Responded 10 months ago

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A.Hello Client,

As per your description, I am guessing that your grandfather and his sister were legal heirs or joint owners of the said property.
So, the property has to be partitioned between two parties first, i.e. your grandfather and his sister. which after the case between your uncle and your grandfather's sister happened. After the said division your father and your uncle become legal heirs of your grandfather's share. where also the court has declared the same to divide your grandfather's property equally between them.

Now, Your father has equal rights over the shared property which belongs to your grandfather and now your father and your uncle are considered legal heirs. appoint an advocate to resolve the conflict between your father and your uncle.

Thanks & Regards
Adv Mrighankhi Chakraborty
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