Suits valuation. Act under section 37

Guest (Querist) 21 May 2017 This query is : Resolved
Hi. My father bought a home in the name of my mother.im having one elder brother(1) elder sister (1) and me. My mother gave her property to my brother as deed of dhana settlement in behalf he cleared all my parents debt. And my elder sister got married by herself so at that time she gave written document as she doesn't need any property and family access from my family. Unfortunately my dad was died last year. Now my sister file a case as suits valuation act under 37 against my mother,brother and me. So what is this kind of case . Because I'm just received only summon and not full case history. So may I know in what purpose and what motive my sister filed for. Also I ant o know is she already gave a written document to my family regarding she doesn't need any valuable and nonvaluable asset from us. then how she can able to file a case now. and my mother supporting her for this case. so I ant understand this issue and my point of view is I don't want any property share from I just need a permanent relief from my family. Because I want to live in peace. Not by my fam issues. My earnings is enough for me. Also I'm suffered an lot because of their money needs. So I need permanent relief from my fam for my husband and kids also. We want to live in peace. So please guide me anyone to get rid off permanent from this issue and my fam by using of this case itself. Even I don't want to see them again in any kind of state. Please help me.and guide what shall I do.

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BHARTI KOTHARI (Expert) 22 May 2017
first take copy of suit dont anticipate any thing in advance.I expect it be for share in the property but as u told u are not interested u may file reply that there is no cause of action against you as you are giiving up your share in the property and ask the court to dismis case against you. I think this is solution for your as well of other family members as per your case in my opinion.

Guest (Expert) 22 May 2017
Your question, "may I know in what purpose and what motive my sister filed for," is irrelevant to ask here. Question arises, how any of the experts can guess what for the case was filed by your sister, when yourself don't know, as one of the family members.

If you want to know, get a copy of the application of your sister from the court/ her lawyer on appearing before the court on the date of hearing.

As you said, "I don't want any property share," the matter can be simple for you is you may request the court to absolve you by treating you as a non-party to the case by declaring so by filing an affidavit before the magistrate, if the case relates to property issues.

Guest (Expert) 22 May 2017
Agree with Experts

Guest (Expert) 22 May 2017
Well Advised by Senior Mr.P.S.Dhingra

Guest (Expert) 22 May 2017
Dear NJS Rajkumar,

Thanks for agreeing with me.

Guest (Querist) 22 May 2017
Thanks friends. This may very much helpful for me to resolve my situation. And I need one more suggestion. For my coming first hearing itself shall I submit my non-party affidavit to magistrate. If so how can I apply for that and where to approach. Because I'm in different place. I don't know anyone there where they file the case. So can u help me pls.

Guest (Expert) 22 May 2017
Senior Mr.P.S.Dhingra -Welcome Sir

Rajendra K Goyal (Expert) 22 May 2017
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