Dear Sir/Madam,
There is only one petitioner who is to file a Partition Suit against her brother, X who have fraudulently got transferred father’s agricultural land in his favour by obtaining the signatures of all siblings at MRO office. The petitioner was minor when the land transfer transaction took place. Also there is another sibling, who happens to be insane by birth, whose share was also grabbed by X brother by taking the thumb impression of insane brother. Apart from claiming her share in father’s land she also wants to claim the share of mentally insane brother, who is presently in the custody of X brother. There are total 9 siblings including X Brother. After 2 years of signing the agricultural lands documents in favour of X Brother, Y brother threatened X brother with dire consequence if X Brother did not return half of the Properties back to Y Brother, to which the X Brother succumbed to the threats of Y Brother and meekly executed Registered Gift Deeds of half of the lands in favour of Y Brother. Now 7 siblings are left who have been deprived of their share in father’s property.
The Advocate the Petitioner has consulted in connection with filing Partition Suit, has advised her she will only be made the Petitioner and other 8 siblings including mentally retarded brother and also two brothers who are now in possession of the lands will be made as Defendants, however all will get equal share in agricultural property as per Mohammadan Law if the case is won. Kindly advise if this is correct.
Apart from above, kindly advise if the only petitioner withdraws the case during the trial (the two defendants my influence the petitioner to withdraw the case in lieu of certain money), then what will be the fate of the Partition Suit, will the case be dismissed? According to Petitioner’s advocate, the case will not be dismissed and will still continue, but the Defendants will now turn into Petitioners. I’m unable to understand this logic. Also the documents for transfer of proprieties were signed in the year 2002, is this case maintainable? Will the Limitation Law not apply here?
I shall be highly obliged if you would kindly shed your view on my above queries.
With best regards.
Mrs. Asiya Begum
