Inhertance laws
TARSEM CHAND JAIN
(Querist) 21 March 2014
This query is : Resolved
12 PROPERTIES OF X (HINDU- DIED INTESTATE IN 1957) PARTITIONED BETWEEN A & B (SONS) ONLY BY MUTUAL CONSENT COURT DECREE IN 1970 HAVING OBTAINED RELINQUISHMENT DEED FROM SISTERS C,D,E. IN 1957 BUT NOT DISCLOSINGTHESE AS ANCESSTRAL PROPERIES AND RELINQUISHMENT DEED IN PLAINT FOR DECREE.
THROUGH REGISTERED ARBITRATION AWARD THREE OUT OF FOUR PROPERTIES FALLING IN SHARE OF 'A' PARTITIONED AMONG 'A' AND HIS SIX SONS WITHOUT ANY SHARE TO FIVE DAUGHTERS OF 'A' IN 1999. REMAINING PROPERTIES, CASH, JEWELLERY RETAINED BY 'A' AT HIS SOLE DISCRETION.
'A', HIS SIX SONS, AND FIVE DAUGHTERS AND 'B'-ALL ARE ALIVE .
ONE OF THREE PROPERTIES HAVING FALLEN IN SHARE OF ONE OF SONS OF 'A' i.e. ME, HAS BEEN SOLD IN MAY 2007 TO THIRD PARTY.
ONE OF 'A's DAUGHTER MARRIED 30 YEARS AGO NOW FILLED SUIT IN 2014 AGAINST 'A' AND SIX SONS CLAIMING 1/12th JOINT SHARE IN SUCH FOUR ANCESSTRAL PROPERTIES INHERITED BY 'A' AND ALSO HAS SOUGHT SETTING ASIDE 1999 PARTITION,AND SALE OF ONE PROPERTY IN 2007,AND INJUCTION ORDERS AS TO FURTHER ALLIENATION OF FOUR PROPERTIES.
SPARING NOT TOUCHING OTHER 8 PROPERTIES OF 'X' GOT BY 'B'. 'X' HAD OTHER FOUR PROPERTIES ALSO NOT PARTITIONED IN 1970 BUT SOLD BY 'A' & 'B' BUT RECORDS NOT EASILY AVAILABLE.
CAN SUCH SUIT BE PRAYED TO BE DISMISSED ON GROUNDS OF LIMITATION PERIOD, STAMP DUTY,PARTITION TAKEN PLACE BEFORE 20.12.2005 OR OTHERWISE. CAN ANY WAY INJUNCTION ORDERS BE AVOIDED.
PLEASE ALSO ADVISE OTHER DEFENCE AVAILABLE AS ONE OF SONS 'A'i.e. MY BROTHER HAS TO SELL HIS SHARE SHOP CUM HOUSE PROPERTY TO MARRY HIS TWO DAUGHTERS AND ONE SON IMMEDIATELY. HE IS IN REAL TROUBLE DUE TO THIS SUIT.
Devajyoti Barman
(Expert) 22 March 2014
1. Suit for partition has continuing cause of action and hence no limitation.
2.It has fixed court fees which is not on valuation of suit property.
You have no option but to contest this suit.
If you have solid proof you may file under order 14 rule 2 of cpc for framing preliminary issue a to whether the property has already been partitioned or not.
prabhakar singh
(Expert) 22 March 2014
A suit of partition can not be thrown on ground of limitation,however COMPLETE OUSTER
can be plea.
When some one claims a share in any property
and prima facie plaint story suggests that plaintiff has a trial-able case ,the defendant has no option other than to contest that suit.
Whether or not partitioned earlier would be an issue involving evidence,hence trial would go.
TARSEM CHAND JAIN
(Querist) 22 March 2014
THANKS A LOT, RESPECTED DEVAJYOTI BARMAN JEE AND PRABHAKAR SINGH JEE, FOR KIND GUIDANCE. HIGHLY OBLIGED, SIRS.
MAY I SEEK LITTLE MORE OF KIND GUIDANCE WHETHER PLAINTIFF (SISTER) IS ENTITLED TO SEEK SHARE IN ALL THE PROPERTIES OF 'X' (TOTAL 12 OF GRANDFATHER) OR ONLY 4 PROPERTIES OF 'A'(FATHER) OUT OF WHICH ONLY 3 PROPERTIES WERE PARTITIONED AMONG FATHER AND 6 SONS THROUGH ARBITRATION AWARD IN 1999. OTHER 8 PROPERTIES OF 'X' ARE WITH 'B',(OTHER SON OF 'X') AS PER BY MUTUAL CONSENT COURT DECREE IN 1970 WHICH NEVER STATED THE PROPERTIES AS ANCESSTRAL OR COPARCENARY.
YOUR HELPFUL KIND GUIDANCE CARRIES VERY GREAT VALUE TO ME
TARSEM CHAND JAIN
(Querist) 10 April 2014
THANKS A LOT, RESPECTED DEVAJYOTI BARMAN JEE AND PRABHAKAR SINGH JEE, FOR KIND GUIDANCE. HIGHLY OBLIGED, SIRS.
MAY I SEEK LITTLE MORE OF KIND GUIDANCE WHETHER PLAINTIFF (SISTER) IS ENTITLED TO SEEK SHARE IN ALL THE PROPERTIES OF 'X' (TOTAL 12 OF GRANDFATHER) OR ONLY 4 PROPERTIES OF 'A'(FATHER) OUT OF WHICH ONLY 3 PROPERTIES WERE PARTITIONED AMONG FATHER AND 6 SONS THROUGH ARBITRATION AWARD IN 1999. OTHER 8 PROPERTIES OF 'X' ARE WITH 'B',(OTHER SON OF 'X') AS PER BY MUTUAL CONSENT COURT DECREE IN 1970 WHICH NEVER STATED THE PROPERTIES AS ANCESSTRAL OR COPARCENARY.
YOUR HELPFUL KIND GUIDANCE CARRIES VERY GREAT VALUE TO ME
