• Remedy when documentary evidence is not possible to get

Maternal uncle of my father had purchased a land in my father's name in the year 1955 by utilising his scholarship money. Now it is not possible to find any documentary evidence of the scholarship. Though the property is in my father's name, now his brother is claiming that this is joint property. Is there any remedy available in law when documentary evidence is not possible to find/get?
Asked 4 months ago in Civil Law from Bhubaneswar, Odisha
1) bank statement of your father would reflect transfer of funds into father account 

2) i presume that uncle had transferred funds to your father account 

3) testimony of maternal uncle , other witnesses would show that funds for purchase of land was given by maternal uncle 
Ajay Sethi
Advocate, Mumbai
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1)if your father was minor at that time he had no source of funds to purchase the property

2)hence if any property was purchased in your father name it can be argued that it was for the benefit of joint family 

3)if maternal uncle is dead , and there are no other witnesses alive who can depose as to funds given by uncle it cannot be proved that funds were given by maternal uncle 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
One who is claiming it as joint property has to prove it through cogent documentary evidence. He has to produce the original title deed of the property or any other document which can show that the consideration was paid through the sale of another joint family property, whereas your father has to only contest the suit in defence. 
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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The property is in your father's name.

His maternal uncle has not claimed the property nor he has shown any interest in it so far.

Since this property stands on your father's name, he is the absolute owner of the property and he is having marketable title.

The claim of your father's brother is not maintainable.

Even if your father's brother provides some document for grant of scholarship at that time, it cannot deprive your father's title to the property since it stands on your father's name till date from the date of purchase. 
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
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Please give practical answer. It was the year 1955. My father was a minor at that time. Now he is 75 years old. No bank was available in that area at that time and his maternal uncle is no more. It is not possible to find any document related to scholarship. Those who know the fact that he was getting scholarship in the family are no more except his brother himself who is opposite party.



Even if the maternal uncle of your father is alive today, he cannot claim the property on any basis including by producing the scholarship grant order, because it is not a benami transaction nor maintainable due to passage of such a long period of more than 60 years. 

Therefore your father's brother has no reason or ground for any claim in the property.

The court will not answer to his frolies or gimmicks. 

Ask him to approach court with his untenable claim, he will lose his time, money and energy due to his greedy act.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0

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