Missed Deed Creates Property Dispute for Grandson.
M.Shanmugam finds himself in a legal battle over a property he claims is rightfully his. The dispute centres on a piece of land referred to as the "C schedule property" in India.
Background:
Kanagaraj, the defendant in this case, argues the property belonged to his father (M.Shanmugam's grandfather) and a previous court decision already divided the assets. M.Shanmugam, however, contends the property is ancestral and should be his. The case history reveals complexities. In 2005, Kanagaraj sued for partition of ancestral property. The court ruled the "C schedule" property was not ancestral but rather his father's self-acquired asset, excluding it from division.
M.Shanmugam's claim hinges on a settlement deed. While the initial court case unfolded, his grandfather reportedly gifted him the disputed property. However, this detail remained unknown during the appeal process.
Kanagaraj's Appeal and an Unforeseen Turn:
Kanagaraj appealed the 2005 decision. By the time the appeal was heard, M.Shanmugam's grandfather had passed away. The appellate court, unaware of the settlement deed and M.Shanmugam's rights, divided the deceased's property among his sons.
M.Shanmugam Fights for His Rights:
Left out of the inheritance process, M.Shanmugam filed a new suit to challenge the appellate court's decision and assert his claim to the property based on the settlement deed. The lower court rejected Kanagaraj's attempt to dismiss M.Shanmugam's suit.
Conclusion:
Kanagaraj appealed the lower court's decision. In a recent development, the court dismissed Kanagaraj's appeal. The key factor appears to be M.Shanmugam's absence from the previous proceedings. Since he wasn't a party, the earlier judgment cannot be binding on him. The court will now hear arguments to determine the property's status - ancestral or self-acquired. This will decide the rightful ownership. Kanagaraj has the opportunity to present his defense through a written statement. The lower court is directed to frame the legal issues and proceed with the case.