Suit for separate possession and property
4 weeks ago
We have a joint property (Accenture). My father separated from this property over 35 years ago due to family dispute and built his own house separate from the Joint property in 1985, My Father & his elder sister (Elder in the Family) admitted the suit for separate possession and property in 1995 against my Grandmother & others( Paternal Uncle-2 & Aunts- 2) in this case, have requested separate possession of our share of the property (which constitutes a 1/7 share). However, the defendants demanded to include our own house, in the joint property. Our advocate ensure us our own property will not consider into the Joint property , My father purchased this property from my aunts(defendant) with a proper sales deed. My aunts claim to have received the money from my grandfather (who passed away in 1987) and have submitted an affidavit stating so. They assert that our house is part of the joint property.
Due to incorrect legal advice, my father sold the house to my mother with a proper sales deed. Our lawyer advised us on this matter, but failed to present any evidence during the final hearing. Instead, he submitted an affidavit from my maternal grandmother, indicating that due to economic difficulties, my father sold the house to my mother and that she received the money from my grandmother.
Despite our efforts, the court ruled against us, including our own property in the joint property. We appealed to the High Court, but to no avail. Our subsequent appeal to the Supreme Court was also rejected to admit.
This outcome is devastating, as we have lived in our property for over 35 years, paying all taxes to the Nagar Parishad and Electric bills to the MSEDCL, utility bills in my mother's name. Unfortunately, we lack the financial means to afford a high-caliber lawyer for further review at the Supreme Court.
We would greatly appreciate any legal advice or assistance to reclaim our rightful ownership of our property.
Please let me know if you have any questions or need further clarification to fully understand this situation.
Thanks In Advance
Santosh/9345950154
The financing source used to acquire a property determines its classification. In this case, the property was acquired using funds from both the grandfather and grandmother, as evidenced by rulings from both the High Court and the Supreme Court. These rulings have upheld the defendants' claim, establishing the property as joint ownership. Once the highest court of the country has made a definitive judgment on the property's classification and upheld the defendants' claim, there are no further avenues to pursue the matter.
Here, the source of finance that enables a person to acquire a property defines the character of a property. Since your father acquired the property financed by your grandfather and grandmother, which is proven with substantial and corroborative evidence on both occasions, the High Court and the Supreme Court upheld the claim of the defendants/respondents classifying the character of the property as joint property. Once an order or judgment is passed by the top Court of the Country clarifying the class of the property and upholding the defendants' claim on the said property, there is no other ground or alternative to pursue the matter further.
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