v.krishnamoorthy (Executive ) 16 May 2014

Civil suit filed

my father died in 1974 he had purchase agricultural punchai land 1962 sale deed name my father revenue authority given me patta in my name 1980 SPECIAL TEHSILDAR we agriculture above land still date i had settle the property my son settlement deed 2013.patta transfer my son,

my only elder sister she was born 1937 she has married 1952 now she has applied permanent injunction for 1/2 share above property of agriculture land in Tamil nadu request kindly advise as per civil law.

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4 Replies

adv.raghavan (Advocate,9444674980) 17 May 2014

Your query is not clear, the case has two directions:

1,If your father had bought the property in your name, u have all the right to settle in your sons name.Your sister cannot contest the same

2,If he(father) had bought in his name, and you have obtained Patta in your name, it is not sufficient and you CANNOT settle the property in your sons name, and you sister can seek her share in it, and she is right in going for a civil suit.

T. Kalaiselvan, Advocate (Advocate) 17 May 2014

From your contention it can be understood that your father purchased land in the year 1962, he died intestate in the year 1974, subsequently you transferred the patta on your name in the year 1980 and now you have made a settlement of the property to your son in the year 2013. If this is what you want to say, it clearly implies that your elder sister who is one of the legal heirs to your father, is entitled to half share in the property, her claim is legal and valid. Under the circumstances, it is better to sit and talk with her and make a family arrangement so that an amount in lieu of the share of the property can be settled to her , to which in reply she can execute a registered release deed in your favor, solving all the issues including the resent litigation namely partition suit.