Taking possession - when gift deed void

Querist : Anonymous (Querist) 20 September 2011 This query is : Resolved
A Hindu joint family consist of a father and 2 sons, hold 30 acres inherited land.

Father made a gift deed of 10 acres to his sons (both 5 acres).Few years later father again made a gift deed of 10 acres to the younger son alone.

Younger son filed a suit for deceleration of title and permanent injunction. The trail court decree the suit, but the appellate court said the second gift is void and reverse the decree.

Now, how can the defendant(first son) take possession of the suit properties?, by filing EP or by filing partition suit?

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M.Sheik Mohammed Ali (Expert) 20 September 2011
the defendant file declaration suit or partition suit in above property.

Querist : Anonymous (Querist) 20 September 2011
Thanking sheik sir, Can the defendant(elder son) can take possession of suit properties now ? or he have to wait till the partition suit ends?

Raj Kumar Makkad (Expert) 20 September 2011
It is better not to disturb arrangement of possession prevailing as on date till completion of partition proceedings.

ESTHERPRIYA (Expert) 26 September 2011
Need to go through the order and the EP will be based on the court order.

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