Suit for partition of joint hindu family property

Querist : Anonymous (Querist) 25 November 2011 This query is : Resolved
Dear All,

My query is i had filed a suit for partition of joint hindu family property which was allotted to my great grand father by ministry of rehabilitation in lieu of the property left behind in Pakistan and in which i have a share. however my cousin uncle has stated in his Written Statement that since my grand father had relinquished his rights in favour of his father. hence i have no share in the suit property. the alleged relinquishment is based upon the alleged affidavit of my grand father submitted to L&DO department

1) The affidavit is typed in English and signed in Hindi.

2) The affidavit is typed on a plain paper (not even a stamp paper)

3) there is no relinquishment deed executed by my grand father. however even after the alleged relinquishment my grand father continued to stay and work in the suit property till the time of his death

however the Land and development Office on the basis of the aforesaid affidavit transferred the property in favour of the father of my uncle in their records and executed the lease deed/conveyance deed in his favour. i would also like to mention here that as per the transfer order only the father of my uncle appeared before the settlement officer.

My father also used to work in the suit property and after his death my uncle tried to grab our share. hence when i attained majority i filed the suit for partition which is pending in the court.

whether the aforesaid relinquishment is valid?

Will i succeed?

Thanking u all in advance

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Raj Kumar Makkad (Expert) 25 November 2011
Such relinquishment deed is not valid in any way. Relinquishment deed is required to be registered on proper stamp paper before the registrar which has not been done in present case and even department should also have invited NOC from all other legal heirs of your great grand father prior to change of ownership in favour of father of your uncle. It seems a fraud has been played to grab the property. You should bring all these facts before court and should insert a prayer in the suit to set aside all such acts of illegally transferring the property

ajay sethi (Expert) 25 November 2011
the relinquishement deed is not valid as it is not stamped and regsitered .

you have a good case

Rajeev Kumar (Expert) 25 November 2011
Agree with experts

Devajyoti Barman (Expert) 25 November 2011
Yes I agree too.

Raj Kumar Makkad (Expert) 26 November 2011
Relinquishment deed is duly stamped and registered Sethi ji like a sale deed though the stamp is charged normally of very less amount. In Haryana, it is only of Rs. 50/- whereas in Punjab it is of rs. 100/-.

Relinquishment deed is fully reliable document as a registered sale deed.

Querist : Anonymous (Querist) 26 November 2011
Dear All,

Thanks a lot for your wise advice.

I want to clarify here that it is not a relinquishment deed which was executed.

it is just an AFFIDAVIT typed on a plain paper as used in courts (not even a stamp paper)

and all the sons of my grand father was major when the alleged transfer was done and their NOC was not obtained.

Dear Mr.Makkad,

As advised by you:

"You should bring all these facts before court and should insert a prayer in the suit to set aside all such acts of illegally transferring the property"

i want to mention here that we had amended the suit and brought all the loopholes regarding the affidavit and the transfer order on record. However, separate prayer to set aside all such acts of illegally transferring the property was not inserted.
we have prayed for partition by meets and bound and as advised by my lawyer that it a matter of record, separate prayer is not necessary.

will it harm in future? please advice. thanking you in advance

Raj Kumar Makkad (Expert) 27 November 2011
You should insert the prayer suggested by me because you filed the suit for partition when you didn't come to know about the fradulant act of transfer of property but once you have been provided with the evidence by way of written statement then you are bound to amend you plaint accordingly otherwise you cannot get relief as sought by you in the mentioned suit because the relief of setting aside of all actions/documents of alleged transfer have not been challenged and it has become final.

Suit for partition of joint hindu family property

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