Civil suit after the partition and sale deed
Querist :
Anonymous
(Querist) 23 August 2011
This query is : Resolved
Father received some immovable property from our grandfather by way of registered partition deed in 1971.
now our father has two sons and three daughters.
our father has sold some properties in 2002 and 2005 by registered sale deed alongwith his two sons only excluding the his three own daughters.
in 2006 our father and we two sons have paid rs. 50,000/- to each sisters and have not taken any NOC. Later our father has made a registered partition deed among himself and his two sons only. all the sisters were quite happy.
in 2008 one of the son has sold his share/property by way of registered sale deed to third person due to his requirement.
in 2010 two sisters has moved to court and challenged a civil suit partition against our father,two brothers and the third party buyer also.
please let me know your valuable suggestions how to overcome by this civil suit partition.
Advocate Rajkumarlaxman
(Expert) 23 August 2011
do you have document stating that you have paid Rs.50,000/- to the sisters [daughters] was their marriage before 1996 or after and one more thing if the property was not divided then they have an undivided share in the property now if the property was undivided and no docuemnts exists to that effect or if verablly it was divided then it is the suit you have to take contentions of the same.
Shastri J.K.
(Expert) 23 August 2011
Ofter received property by way of registered partition deed,property becoms self aquired.hence your sisters can not claim the same.Maximum they can claim share in the ur grandfather's property, not others property.
Sankaranarayanan
(Expert) 23 August 2011
yes mr shastri's version is absolutely correct, Bcz it is self acquired .But it from the Coparcenary then their claim also need to fulfill
prabhakar singh
(Expert) 23 August 2011
YOUR THIS VERY SENTENCE IS ANSWER TO YOUR QUESTION"Father received some immovable property from our grandfather by way of registered partition deed in 1971."
HENCE IT SHALL BE TREATED AS HIS SELF ACQUIRED PROPERTY AS POINTED OUT BY Expert : shastri j.k. .Maximum they(your sisters ) can claim share in the ur grandfather's property,or in the property left unsold by their father but not in property.
when registered partition by your father was made ,the language of deed becomes important to opine correctly in absence whereof i can only say that share retained by your father by said partition if left by him unsold will be shared equally by his2 sons and 2 daughters but in absence of registered partition deed and plaint case set up by your sisters no guidance can be given to you with regard to defense you should take by your written statement to contest the claim of your sisters.
R.Ramachandran
(Expert) 23 August 2011
First and foremost you have to indicate as to in which State the property is situated.
You also have to indicate as to when did each of your sisters got married.
Further, as rightly pointed out by Mr. Prabhakar, you have to indicate as to what is the language of recital in the Partition Deed.
When you say that your father and two sons sold some property in the year 2005, you have to indicate the exact date when the sale was effected.
Only upon coming to know of these information, one will be in a position to give an appropriate answer to your query.
Guest
(Expert) 24 August 2011
send proper details as stated in reply and get it answered.
