Partition suit preliminary decree with impleading petitions
m.satyanarayana
(Querist) 16 December 2024
This query is : Resolved
Sir,
My mother solemnised my sister marriage in the year 1968. They were staying in their ancestor property. After sometime they faced financial problem and incurred debts. In due course my brother-in-law father died. After some time by brother-in-law and her widow mother sold the ancestor property to third party and executed sale deed in the year 1971. Subsequently the said third party got executed sale deed in his name. Thereafter another party purchased the said property got registered in property her name in year 1978 accommodated my sister in one small portion of the land keeping remaining portion with themselves. At this juncture my mother at the request of her daughter and son-in-law my mother purchased the said property and got registered in her name in the year 1979. They were permitted to stay at one portion of the dwelling house.At that time we were staying in Bombay(Mumbai). My mother died in the year 1995 we returned back from Bombay and claimed the property from my sister and her husband. They refused to part with property. After my mother death I filed partition suit against my sister. My sister and her husband filed false Will of my late mother, my sister got favourable order in trial court. I appealed to High court my appeal was allowed and Hon’ble high court passed preliminary decree dividing 1/3rd each myself my father and my sister . My sister appealed at Supreme Court her appeal dismissed, further her Revision petition was also dismissed. My sister filed fake relinquishment deed executed by myself and my father which was proved false. My sister daughter filed false gift deed which was dismissed by court subsequently her son filed fake Gift deed. Recently I filed petition for Advocate Commission which was opposed by my sister and their children on the ground of ancestor property claiming entire property opposing my claim on property. During entire trial and proceeding my sister and brother-in-law have not filed any document claiming ancestor property. Now my sister children opposing partition suit and depriving my share in my mother property claiming ancestor property. There is no clarity for me and I am doubtful about my legal rights. How I can manage to face this situation at fag end of partition suit fearing I will lose the case. Please suggest.
Thanking you,
M.Satyanarayana
T. Kalaiselvan, Advocate
(Expert) 16 December 2024
This is a practical situation.
Any opinion to your jumbled riddle in the form of query posted here shall be rendered only after proper perusal of the case related papers. You have not stated that despite having got orders from supreme court where are you stopped by them and how and what action you have taken legally against their hindrances.
You may better clarify all the doubts from your own advocate who will be the better person to advise you about further course of legal action.
kavksatyanarayana
(Expert) 16 December 2024
The third party executed a sale deed in 1971 and registered in his name means in whose name? When High Court passed preliminary decree dividing property 1/3th (your sister's revision petition dismissed), and your sister' children opposing partition suit, did they file suit in court? All the documents and all court orders mentioned in your query need to be verified to render an opinion. so please consult a local advocate for proper guidance.
