Partition suit after preliminary decree
m.satyanarayana
(Querist) 08 August 2023
This query is : Resolved
Respected Sirs/Madam
I filed partition suit against my sister who was in occupation of my mother property given to look after since we are living elsewhere. After my mother death she left leaving the property without will or gift. My sister and her husband claimed and contested the suit through fabricated will which Myself challenged in the lower court. my suit was dismissed in the lower court. I filed appeal in high court and high court gave order in my favour and passed preliminary decree allotting half share each with means profit till date of possession of property. My sister filed SLP in the Supreme court which was dismissed. Further revision petition also dismissed and my preliminary decree became final having half share in the property. My sister and her husband are having two sons and three daughters. The partition suit is between me and my sister. Whenever i apply for final decree proceeding they have obstructed by filing one application or other. My sister elder son created a fake Gift Deed in his favour from his father(excluding other childrens of the family) claiming entire property which is registered with sub registrar falsely claiming the property belongs to his father which is inherited through his grand father (unregistered and unprobated will) executed in collusion with his father. Now in encumberance certificate the Gift deed is seen executed by brother-in-law and accepted by his son as donee. In the same way my sister elder daughter also claim through fake unregistered Will with the same property. Both my sister younger son and elder daughter are filing one or other and making my preliminary decree defunct. My brother in law also died recently My advocate died during corona period and i have not engaged any advocate due to financial shortage. Please kindly advice what are the options to me is there any way to execute the partition preliminary decree at the present stage and getting my share. whether my share is affected due to fake gift deed and will in the suit. Whether my share in the partition suit is affected if not objected.
M.Satyanarayana
kavksatyanarayana
(Expert) 08 August 2023
Did you file the fake documents created by your nephew and niece in court?
T. Kalaiselvan, Advocate
(Expert) 09 August 2023
You have already obtained a preliminary decree in your favor and the same has been confirmed by the supreme court also through the SLP filed by your sister.
The subsequent developments namely your nephew's will or gift deed and nieces illegal acts of fraudulent claim in the property is not a bar against you to file the final decree application.
The final decree is just to demarcate your share in the property hence you may concentrate on it.
Dr. J C Vashista
(Expert) 09 August 2023
Consult your lawyer for proper advise since s/he is well aware about facts and circumstances of your case.
