Summary: Kamal Jadhav challenged a court decision about a family property, claiming her share in it. The court has now ordered a fresh investigation into her claims.
Kamal Jadhav, a 70-year-old businesswoman, appealed against a court decision that dismissed her claims over a family property. The property, part of a legal battle, was sold in an auction, but Kamal insists she owns a part of it.
The property in question, plot No. 11, was initially taken by the court due to unpaid debts. Kamal argues that it is a shared family property and she has a rightful 1/3 share in it. Her son, the original owner, had no independent income when the property was bought, suggesting it was acquired with family funds.
"The auctioned property is not the exclusive property of my son," Kamal stated in her objection.
Despite Kamal's claims, both the trial court and the first appellate court dismissed her objections, calling them unnecessary. However, Kamal argues that her rights were not properly considered, and she was not allowed to present evidence.
Judge Arun R. Pedneker has now ordered a new investigation into Kamal's claims. The court acknowledged the need to examine whether the property is indeed a joint family asset.
"The executing court made a mistake by not identifying the issues and allowing the appellant to present evidence," the judgment noted.
The court has sent the case back for a fresh decision. Kamal will have the chance to present her evidence and prove her claim to the property. The court aims to resolve this within six months.
This case highlights the complexities of family property disputes, especially in joint family setups. It underscores the importance of proper legal procedures to ensure justice and fairness.
