Partition suit
m.satyanarayana
(Querist) 31 July 2022
This query is : Resolved
Sir, I filed partition suit against my sister which she was occupying, is mymother's property in the year 1997 and and got my share in my favour in preliminary decree which was confirmed by Supreme court in 2010. I filed for metes and bound My sister son at this stage with malafide intention created a false gift deed bequeathing property from his father and his forefather and got registered in the year 2018. During the pendency of final decree my sister claimed through false relinquishment deed which was dismissed by court . Now my sister son is claiming entire property bequeath from his father as owner of the property showing fake will of year 1964 of his grandfather . Do I have right to proceed in the court for filing metes and bound and final decree in partition suit. Please advise.
M.Satyanarayana
kavksatyanarayana
(Expert) 31 July 2022
Not a clear query. You stated that you filed a suit against your sister for the property of your mother and decreed in your favor, but your sister's son a false gift deed from his father and his forefather. What is the relation between your mother's property and your nephew's got the property from his father and forefather?
P. Venu
(Expert) 31 July 2022
The facts posted are too confusing. Please try to repost in simple language.
m.satyanarayana
(Querist) 01 August 2022
Sir i am sorry for confusion. My sister's husband due to bad habits motgaged the land to X individual and transferred the property to X. After sometime X transferred property and registered in the name of Y. During these period my sister was allowed to stay in one room due to sympathy since her husband lost job. My sister got 5 children
In meantime due to sympathy my mother purchased the said property from Y and got it registered in her name without evicting my sister,husband and her children. My father was working at bombay and we left the property with my sister to take care of the property. After some years my mother died. when myself and my father claimed the property my sister husband showed fake Will executed my mother in favour of my sister. Immedately we filed partition suit . My sister and her husband managed to prove the Will in trial court. I appealed to highcourt where high court gave favorable order in my favour and preliminary decree was passed. My sister filed SLP and Civil Revision petition both the petitions dismissed and preliminary decree was confirmed. While filing for metes and bound my sister again filed false relinquishment deeds for our shares which again dismissed by the court. Now my sister's younger son to hold the property filed fake and forged gift deed registered on the basis of unprobated 1964 will executed by sister' husband grandfather in favour of my sister husband and my brother-in-law gifted the property to his son. My sister and her husband never filed the said Will during the partition suit. My brother-in-law died. Now the family wants to obstruct metes and bound and final decree. My is and her children are adamant and not allowing partition.My advocate died recently during carona and my financial position is uncertain. Please suggest how to proceed to succeed in my partition.
P. Venu
(Expert) 02 August 2022
Admittedly, the Courts have decided the issue. All that is required is to take the procedure o ts conclusion. Only the final steps are remaining.
