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Sister got share in property before SC judgement. can I appeal now ?


21-Nov-2023 (In Property Law)

I purchased plot with registry in my father name in 1974. constructed two storeyed house in 1985 on plot. my father died in 1988. at the time of house construction my sisters were married 6 N 8 years back and brother was studying. i only spent money for house.my mother under influence of 2 sister N brother filed case in 2013 for 1/5 share each.i submitted all support of taxes paid,my salary proofs since 1981 in court unfortunately could not preserve construction bills. court gave judgement against me.should i appeal further. will SC recent verdict reject sisters claim.request expert advice.

Answers (3)

Answer #1
667 votes
You can appeal taking aid of Supreme Court Judgement but the crucial date would be your father's date of death. If your father died prior to 2005 then the property would be divided between you , your brother and mother but if your father has died after 2005 then you will have to give share to your sisters.
The basic problem is that the sale deed is in your father's name . You cannot make out a case that it was purchased by you but the sale deed was executed on your father's name. This plea is barred by law.
Answer #2
987 votes
if there is no documents pertaining to the transaction made by you on behalf of your late father for purchasing of land and construction house, your case in itself little weak at local court . now as you have portrayed your status being lost at district court, you may have other relief in High court of the jurisdiction to delay from division of property by ground of you are staying and other many grounds. approaching SC will not appreciable since you have not exhausted your other remedies available in this regard.
Answer #3
805 votes
you should file appeal before the superior court and your case should be handled with proper care considering the rights, if at all under the law, available to her.

the court of appeal has to appreciate the entire matter independently and give its findings and hear it and pass appropriate orders. if handled properly, it can set aside the decree presently passed against you.

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