Title suit
Arun Kumar Agrawal
(Querist) 12 January 2017
This query is : Resolved
Query:
Facts:
An oral agreement reduced to a memorandum of family arrangement was made in 1980 between my father (youngest of the three brothers) and his two brothers in respect my grandfather’s property and was reduced in writing and signed by all three of them. All three parties to the agreement are deceased. One of the clauses said that each member will have the properties against his name will have the property transferred in his name and will not have anything to do each other.
The eldest brother of my father and my father were allotted 1/3rd and 2/3rd share in an orchard.
The 2/3rd share property of my father was further divided into three parts, with one part going to my parents, one part to my brother and one part to me in1991 through a memorandum of family partition.
My father’s elder brother passed away in 2002 and has an adopted son as his successor (Referred to as A). My father died in 2006. My father’s elder brother use to reside in the village where all the property is located while my father lived was a doctor in a town 150 km from the village and completely trusted his elder brother who use to look after the orchard property. The orchard property was never divided or demarcated. The land was not mutated in their names and according to the revenue record continues to be in my grandfather’s name.
The land is located by the bank of the river on one side and by the national highway on the other. Some portion of the land in the 2/3rd share of my father has been eroded into the river. One does not know when.
It was discovered that though three different plots no ( according to the present revenue records) were allotted in the one third share of my father’s elder brother, only one is in the possession right now, the other plots which are adjascent portion are now common land in the form of a village road, This may have come up after 1980. As a result only 50 % of the land is in possession in the three plots.
So the present position of the land is that there is 50% short of land in the my father’s elder brothers portion and 40% in my father’s portion.
My portion of the land is adjacent to that of A
Recently in 2013 acquires the river end of the land and about 1.92 crore compensation was to be paid. A manipulated the records and the government officials to have 60 lacs to be paid to him and filed false affidavit
showing a portion of the land belonging to me and my father as his. This attempt was foiled days before the payment was to be made by filing objections under section 18 of the Land Acquisition Act.
Now he as has filed a tittle suit stating therien that he has been in continuous possession of land which was allotted to my father and then allotted to me. This portion of the land claimed in the title suit is in a different from the plot in which he had claimed compensation of 60 lacs from the government.
His claim is based on the error based in 1980 partition and possession.
Given the facts the following queries:
1. Is the suit time barred under limitation?
2. Is it a title suit or is it a revision of the partition and therefore should be a Partition suit?
3. What should be my defence?
R.K Nanda
(Expert) 12 January 2017
query too long.
Rajendra K Goyal
(Expert) 13 January 2017
You have given history and background of the case. Yet case details of the case filed by A, all previous documents, revenue record need to be referred from legal angle in detail for any fruitful reply.
You have not mentioned how A was adopted, is there any legal document available / legal procedure of adoption was adopted, regarding his adoption. If not, challenging his share / capacity to file suit can be one of the defense.
Rajendra K Goyal
(Expert) 13 January 2017
It is not a good habit to repeat the query if it was done intentionally.
Arun Kumar Agrawal
(Querist) 13 January 2017
The query has got repeated as I did not know that it uploaded. I use to be charged Rs 400 which I use to pay but it appears that services are not charged anymore!
Rajendra K Goyal
(Expert) 13 January 2017
It is a free site, nothing is charged on this site for posting the query.
