Civil suit for partisan
K G Srinivasan
(Querist) 14 December 2011
This query is : Resolved
I request to please give me advice and your opinion for the detailed case mention below:
A and B, Muslims by religion, had three children, one daughter D and two sons S1 and S2, had cash deposit by way of SB accounts and FDR’s and lived in an own independent house of 4620 sq ft in the heart of Chennai . D, S1 and S2 had married and well settled. D’s husband had business problem in the year 2000 where there were default payment cases for which S1 and S2 restricted their father A not to be in touch with D. Though D’s husband had not taken any support from his in laws and never restricted D in visiting her parents and never stopped B from visiting his house. B expired in December 2009 for which A informed D and all the rituals were completed. S1 and S2 jointly shared the jewels and cash left out by B which D did not took a serious note though S1 and S2 kept secret about the dealings even to their bedridden father. A expired in October 2011 at the age of 75 but S1 and S2 did not inform D about the death of her father. D came to know when she happens to visit the father's place through her father’s neighbour, which made D to fell sick for nearly a fortnight. After that D’s husband help her in sending a legal notice asking finding in S1 and S2 in not informing the eldest daughter about the demise of her father and had put to notice in sharing the estate as per the Muslim law for which S1 and S2 replied through a lawyer stating that they had searched her every where and since they were not aware of her address and they do not want to delay the burial and not to held fault on them and also recalling that since there happen to be a default payment cases from the parties and bank of D’s husband and hence A had cut off the relationship one decade back and had also settled the property by the registered settlement deed in Sept 2009 before his death dividing the property among S1 and S2. By going through the registrar office it was found that the A had given a HIBA during March 2000 and S1 and S2 had registered mortgaged it for Rs.10000 during July 2000 which was reflecting in the EC and the division is as 2310sq ft for S1 and 2310Sq ft for S2 and again during Sept 2009 there reflect a registered settlement deed for S1 the division was 2010 Sq ft and for S2 the division was 2610Sq ft. The registered settlement deed does not mention about the HIBA of the year 2000 and its only says that the settlee is the son of the settlor and the property is free from all encumbrances. By going through the revenue records it was found that the change in revenue records was affected only from April 2010.
Please advice me :
a) Will it be a good civil case in favour of me?
b) Can my husband file criminal case against S1 and S2 for having dragged his name? As I had precised it but they had given it in Two paras.
c) Please give reference of any judgment similar to this case.
Nadeem Qureshi
(Expert) 14 December 2011
yes it is a good case in your favour.
yes your husband can,
