partition of property

Aghora (Querist) 29 June 2011 This query is : Resolved
Querist’s (married Hindu woman) father passed away in 1979. Her eldest brother distributed monies thereafter purportedly as per valid will of the father. Thereafter, in 2004, querist was requested by her brother to sign a document giving up her share in a building owned by the querist’s deceased father jointly with his 3 sons (i.e. querist’s brothers). Said release deed represented that the father had died intestate. Querist despite having realized that she had been shown a fictitious will did not challenge her brother to keep the peace.
Recently, it came within the knowledge of the querist that ownership of the aforementioned building has undergone change as evidenced in rent receipt she obtained from a tenant of the building.
Querist is now keen on taking legal action with respect to the abovementioned building. What are the remedies under law? What would be the time frame and costs involved in a legal battle?

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Guest (Expert) 29 June 2011
1.if the document is registered deed of release it will bind upon the querist
2.The date of document will play an important role
3.Legal remedies will be based on the document's nature and date.
4. In civil cases the time frame will be fixed. it may be one month to 10 years or more. based upon the conduct of the parties

R.Ramachandran (Expert) 29 June 2011
I completely agree with the views of Mr. Ganesan.

Aghora (Querist) 30 June 2011
thanx mr ganesan and mr ramachandran

an important point that was inadvertently omitted was that the release deed was not signed by the querist. hence would the date for reckoning be from the last re-constitution (which incidentally was without querist's knowledge or consent)? noted your comments on time frame...what about costs?

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