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Mohan Patil (Research)     29 November 2012

Claim in property

17 acres agricultural land is there in my mother's name. My mother died in 1993, father died before that.  I have filed partition suit and claimed my share that is 1/6. My mother was uneducated woman she does not know about will etc. All my sisters got married before 1980 and they have no share in the ancestoral property in those years but they were demanding. My brother was also demandig more property. Because of this property division did not take palce. If property would have been divided at that time then I, my brother and mother each would have got 1/3rd share. And if mother would have died without will then her share would have been divided into 6 parts. I went to gernamy in the first week of June 1993 and I got the news of my mother's death on 1st novemebr 1993. I Within 5 months my healthy mother died. My sisters told me my mother died due to cancer. Recently I went to hospital and found that my mother had no cancer. My sisters and brother did not take her to big hospital they gave treatment by local doctor and announced that my mother had cancer and will not survey much. They took her to big hospital only one day before her death. They did not ask my mother to write a will. This way they became the legal heirs. Now it is already too late to go to a criminal court and prove the murder. I have not written anything about this in my civil partition suit. Can I amend my partition suit giving all the details and proof and claim more property. Why I should get less property because of the fault of my brother and sisters. Please advise.



Learning

 1 Replies

Jai Prakash (Pgm Mgr)     29 November 2012

Hi,

I have a query on gift deed.


Suppose person X gifts self earned property to son/daughter and subsequently son/daughter decide to mutually revert back the property to person X is it permitted.


Also, if son/daughter has incurred expenses on the property during the period of holding the gifted property title, will they be able to legally bind the person X to refund such expenses in case of any sale transaction is initiated on the peroperty after returning the gift deed.


Thanks


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