Legal Question in Civil Rights Law in India

My Property located in Trichy Tamilnadu. In our family my father is elder, 2 brothers and 3 sisters total six numbers. this is our poorvigha property. My grandfather died in the year 1960. After that my grandmother filed a partition suit in trichy court to divide the property during 1977 .Trichy court also enquired the case and ask the advocate commisioner to inspect the property. Commisioner reported to court that the house Property was not able to divide for all the members equally. So court ordered for auction between our family members. Commisioner also conducted the auction without my father knowledge . They given auction bid form for other members ( Younger Two brothers only ) Due to my father Innocence and lack of knowledge about court proceeding, commisioner given report to court stated that my father not participated the bid auction. So next second Brother given highest bid amount of 80,000. Court given judgement for house stated that highest bidder second brother was the property rights.

My father appeal to High court chennai in the yaer 1991. First appeal dismissed . Then second appeal to madurai bench madras high court. due to commisioner report , that appaeal also dismissed in 2011.

Uptodate my father not taken share amount RS 22, 000 deposited in Trichy court.

My father expired on 6.1.2015 January.

I am the one and only grandson for Property .

I want to know i am having rights to file fresh case about House Property .If yes means which place to file case whether in Trchy District court or High court madurai bench. kindly guide me to file case for claming the property as my father also not alive . As a grandson, I am having rights ?

Next case filed in the year 1977. That time I am only 2 years old. So I am not able to claim the property.

Rajesh

Trichy 9790252048


Asked on 3/06/15, 7:37 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You do not need to file the case afresh. Your rights will flow from the judgement and decree already passed in the case where your father / gran father was a party.

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Answered on 3/06/15, 7:27 pm


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