Partition suit /lpa in high court
raj subramani
(Querist) 22 July 2013
This query is : Resolved
My mother was awarded equal partition of land from his father self acquired property (My grandpa died without leaving will)through court.She and her sister made a release deed much earlier before the suit to her brother and the brother(my uncle)sold some property on strength of it. The purchasers also imploded as one of the parties in the suit and the partition allowed equally among the legal heirs of my grand pa and the purchasers are left as they failed to prove their purchase.The partition allotted through a commission and the property sold by uncle comes to my moms share.The case is more than 30 years .Now the purchasers include us in LPA and they demand their lands on the terms of the release deed.There is no buildings or structures in the property for the last 30 years till now and we are having the possession of the share . Much was discussed about the release deed in high court and part ion awarded on void of release deed. In that case what shall we do. Its my grandpas self acquired property. In that release deed one of the legal heir has not signed but got some property .in that sense will it stand now.? .As per hindu law ,women property rites ,its learned that any property by any means such as court cannot be withdrawn.whats the status of my mothers property. What will be the purchasers status ? Please kindly guide us.with regards .rajendra
ajay sethi
(Expert) 22 July 2013
contact a local lawyer . necessary to go through the case papers , various documents executed by your mother to advise . is the release deed stamped and regd? if it has been stamped and regd then your mother has relinquished her share in property to your uncle and he has validly sold it
Raj Kumar Makkad
(Expert) 22 July 2013
As your cases are already going on in the courts and you might have also engaged lawyers so trust upon them and if you want to have a second opinion then come with complete relevant documents.
R.K Nanda
(Expert) 22 July 2013
consult local lawyer.
raj subramani
(Querist) 23 July 2013
Thank you very much for your replies
raj subramani
(Querist) 23 July 2013
thank you all of you for the opinions. I forget to tell as my mother and her sisters are illiterate my uncle got their signs and made registered release deed and out of four legal heirs three only signed the release deed. They challenged the deed and got the partition by high court direction and lower court awarded final decree . My uncle filed LPA against the direction of high court single judge and now comes LPA . and the purchasers also now in the picture .they argue on release deed is valid one and so their purchase.whearas all these purchasers were disqualified earlier becase they failed to prove the purchase as said in the high court direction.
I interpret from lawyers club of india articles on LPA, "normally a judgement and order passed under art 226 of the constitution is applicable as LPA and judgement order passed under art 227 is not appealable under this category"...and my question is how will I know that the order is passed on art 226 or art 227.
Is their appeal in LPA is correct?. Please with a lot more request Please spend your valuable time to clarify my doubts
thanks with regards
rajendra
prabhakar singh
(Expert) 23 July 2013
When you stated that partition suit has been decreed holding release deed void and partition has taken place denying share to purchasers then what is left now to be asked.??
