Dear experts. Thanks in advance for your time in answering my query.
Father and brother filed a frivolous partition suit to extort money on my self acquired property that is registered in my name in 2007 with recitals clearing mentioning that the selller/vendor has recieved money from me (SBI site Loan-95% under my name and remainig-5% in cash) as I was employed at the time (at the age of 22 years).
They filed an ad-inteim I.A. for injnction but with irrelevant documents such as:
- Sale deeds of my father's self-acquired properties (Not ancestral) dated in 2004, 1999 (several years before my property was purchased).
- And one sale deed in 2007 in the name of sister (She got it as gift from my father in 2006).
Father (Plantiff) claims that he used those monies to buy my property under my name as I was elgible to get loan from SBI. He claims this is this joint family property and need to partition into 4 (including to my sister)
But there is no documentary proof that he actually paid money to me or to the vendor. Are the above documents considered as prima facie in this case?
The court has been giving "status quo" order for each hearing and its going for 3 months already. My brother is blackmailing me to give him 30 Lakhs so they can withdraw the suit.
Please advice me if they have a case for injunction in the eyes of the law (as there is no direct/documentary proof that father paid money for the purchase) and registered the title in my name (as benami)? Or is it even considered joint family property? (as there is no source of funds arising out of joint family).
