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m.satyanarayana   15 December 2024

Partition suit and ancestor property

 

 Sir,

My mother solemnised my sister marriage in the year 1968. They were staying in their ancestor property. After sometime they faced financial problem and incurred debts. In due course my brother-in-law father died. After some time by brother-in-law and her widow mother sold the ancestor property to third party and executed sale deed in the year 1971. Subsequently the said third party got executed sale deed in his name. Thereafter  another party purchased the said property got registered  property  in her name in year 1978 accommodated my sister in one small portion of the land keeping remaining portion with themselves.  At this juncture my mother at the request of her daughter and son-in-law my mother purchased the said  property and got registered in her name in the year 1979. They were permitted to stay at one portion of the dwelling house.At that time we were staying in Bombay(Mumbai). My mother died in the year 1995  we returned back from Bombay  and claimed the property from my sister and her husband. They refused to part with property. After my mother death I filed partition suit against my sister. My sister and her husband  filed false Will of my late mother,  my sister got favourable order in trial court. I appealed to High court my  appeal was allowed  and Hon’ble high court passed preliminary decree dividing 1/3rd each myself my father and my sister  . My sister appealed at Supreme Court her appeal dismissed, further her Revision petition was also dismissed. My sister filed fake relinquishment deed executed by myself and my father which was proved false. My sister daughter filed false gift deed which was dismissed by court subsequently her son filed fake Gift deed. Recently I filed petition for Advocate Commission which was opposed by my sister and their children on the ground of ancestor property claiming entire property opposing my claim on property. During entire trial and proceeding my sister and brother-in-law  have not filed any document claiming ancestor property neither filed any document claiming ancestor property. Now my sister children opposing partition suit and depriving my share in my mother property claiming ancestor property. There is no clarity for me and I am doubtful about my legal rights.  How I can manage to face this situation at fag end of partition suit fearing I will lose the case. Please suggest.

Thanking you,

M.Satyanarayana



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     15 December 2024

As you have already got a decree in your favour allotting one third share hence you may proceed with the final decree petition as per provisions of law ignoring their objections 

Anshu Sharma (LAWFINITY SOLUTI   16 December 2024

It’s crucial to understand that if the High Court and Supreme Court have already passed favorable judgments in your favor, the legal basis of your claim remains strong. Given your sister's children's new opposition and the complexities involving fake documents and claims of ancestral property, you should consult with your lawyer to strategize. An experienced lawyer can help you enforce the previous court orders and handle these latest challenges. You may reach out for a free consultation at anshu@lawfinitysolutions.com for detailed legal advice on your case.

P. Venu (Advocate)     16 December 2024

You have been posting this issue repeatedly. I have already made my suggestion on the following lines -

"Admittedly, the Courts have decided the issue. All that is required is to take the procedure o ts conclusion. Only the final steps are remaining."

Read more at: https://www.lawyersclubindia.com/experts/partition-suit-743286.asp


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