Suit for partition
Adv.Vishal Anil Vyavahare
(Querist) 19 July 2012
This query is : Resolved
Hi Sir,
My Client is karta of Hindu Joint Family.He is having ancestral joint family agricultural land.He is having Three Son and Two Daughters.
Meanwhile between My client and his three son made Unregistered partition Deed of the ancestral agricultural land on simple Stamp Paper of Rs.100 and upon that mutation entry effected and partition also prima facie shown on 7/12 extract.
My client transferred some field of self acquired property before that partition to one son so during partition he got a less share than others.
Both Daughters geting nothing from their ancestral property but my client i.e.father of that daughters ready to devide his share equally in to the name of both daughters.
But Only two son filed suit for Injunction and partition and made averment that their father has agreed in that Unregistered Partition deed that after his demise These two sons are entitled for the share of Father.but Father is illeterate and having Thumb Impression on Partition deed knows nothing about above that clause.
Daughters and one son not made party in suit.and a son not made party is in favour of his sisters/father.
So Can Daughters demand the share of their father by way of Suo motu Application for Addition of party U/O 1 R. 10 of CPC in suit?
Or Father of that plaintiff/Sons By Way of Counter Claim Can ask for declaration that his share devided in Two Equal Shares in favour of his Daughters as his Three son already got their share in Ancestral Property and having no Right in the share of Father.
So Sir please suggest proper remady regarding above facts and if possible suggest some specific provisions with Case Laws.
Thanks,
Adv. Vishal A. Vyavahare.
prabhakar singh
(Expert) 19 July 2012
A partition ,if made by execution of a partition deed then such a partition deed is ineffective illegal for want of registration
and can not be received in evidence by any court of law .
Since property is ancestral those who are kept deprived have right to assail such a partition deed by filing a suit of partition
for their share.
Father can also assail it additionally on the ground that it was obtained by fraud and undue influence played by way of misrepresentation of facts.
