Father – 5 Legal Heirs (2 Sons, 3 Daughters)
1974:
While alive Father and his 2 sons have prepared a family partition “Koor chit” (Unregistered document) which accorded family ancestral properties into 3 shares (One for himself) and a share to each of his sons (Daughters weren’t given a share and neither their names were mentioned in the “Koor chit” partition nor they were signatories)
1974-1985:
All the 3 (Father and 2 sons) are enjoying their share of properties individually on their own (transferred patta into their individual names per their schedule of properties) per the 1974 “koor chit“ partition.
1985:
Father dies and 2 sons divide his share of property amongst themselves through another “koor chit” (Unregistered) deed (Daughters weren’t given a share and neither their names were mentioned in the “Koor chit” partition nor they were signatories)
Two sons are enjoying their share of properties individually and they individually sold/mortgaged portions of properties they have inherited to 3rd parties.
13 years later:
1998:
One of the daughters of Father files a suit claiming 1/12 share in ancestral property as if a family partition has never happened. All the remaining legal heirs (2 sons and 2 daughters) of Balakrishna are included as defendants in the suit.
1998 – 2022 – The case has only reached Trial stage in the court and still under trial.
2022:
Application under VII RULE 10(A) CPC – Revised plaint based on 2005 act 35/2005 claiming 1/5th share.
Questions:
- Is the unregistered 1974 “koor chit” partition among the father/sons (excluding daughters) recognizable under law? Is it a valid partition in the eyes of law?
- Assuming the 1974 partition is valid in the eyes of law, Given that a partition suit was filed only in 1998 by the petitioner, Does 1963 limitation act (12 years), make their claim invalid in the court?
- Do the petitioner have any rights to claim 1/5th share based on 2005 act?
- If 1974 “koor chit” is invalid in the eyes of law, Would adverse possession accord the title to the sons given that they enjoyed the property by individually between 1974 onwards.