Rajeev Cassimir
Asked March 09, 2017

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  • 1 Answer

The query is regarding a property. My grandfather bought a property of 6 cents along with the house in it and was occupying the house. Also adjacent to the house my grandfather's younger brother as well brought a land (without any structures) which was of 3.5 cents. This happened around 1950. Since my grandfather's brother already had a house in nagercoil he had asked my grandfather to use the land. Both the brother's were doing joint business at that time. The land was registered in my grand uncle's wife name. Until my grand uncle died in 1984 we were using the land(there was no divider between our house and land and we were freely using the land). Once my grand uncle died our grand aunty decided to sell the land. We had told them that we are willing to buy the land for whatever price she quotes. But against our wishes she went ahead and sold the land to another person. My grand father immediately filed a case in the lower court saying we need to have the first right to buy. The case was dragged on for years and after several years the lower court had decided in my grand aunty's favour. Now the appeal is pending in the high court. In such a scenario want to understand if any valid case is made out in our favor. Note: My grand father, grand uncle & aunty are all dead now.

Answer 1

In the absence of any will or any legal document establishing your ownership over the property, the appeal may not be very helpful. Unless, you feel that the lower Court ignored a document which was relevant or you have a new evidence to strengthen the case, the appellate Court will simply examine if the decision of the lower Court is correct on the basis of the evidences presented to them.


Agree Comment 0 Agrees over 3 years ago

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