Respected Sir/Madam
Honorable Members, Lawyer Club India forum
Sub: - Request for the Opinion /Advice form the Honorable members regarding a case of partition of properties.
In reference to the above subject, I Dr Suresh. requesting the valuable opinion/advice regarding my property issues.
Up to 2003 our family was a Hindu undivided family
Generation-1 Smt Gangamma w/o late Sanna Ningappa (Grandmother & Grand Father) Gangamma passed away 20/11/2005, Sanna Ningappa 29/10/1993
Generation-2
1. Late M Gududappa - passed away 29/01/2008
1. A. Late Sharadamma w/o m Gududappa passed away 29/09/2009
2. M S Nagaraj passed away in 4/3/2016
3. M S Murigesh Alive
4. M S Thippesh Alive
Generation-3 Legal heirs of Gududappa & Sharadamma
1. G Kalpana
2. G Suresh
3. G Kaveri
4. MG Dayananda
In August 2003 I filed a civil suit in the Honorable court of Honnali Davanagere District Karnataka for my share in the total property
Plaintiff Dr Suresh s/o M Gududappa
The defendants were (G- means Generation)
G1-Gangamma
G2- Gududappa
G2A-Sharadamma
G2- M S Nagaraj
G2- M S Murigesh
G-2 M S Thippesh
G3-M G Dayananda
G3-G Kaveri
After a week the elders in my village advised me to compromise with defendants & allotted the share's as follows
Plants 1) Dr Suresh
1. According to the share allotment I Dr Suresh taken 10% of my share and left 90% of my share in the name of my father late M Gududappa & late Sharadamma with a condition that M Gududappa & Sharadamma have to enjoy the 90% share of Dr Suresh & after their death these properties will goes to the plaintiff Dr Suresh.
2. M Gududappa & Sharadamma this share had only enjoyment rights. After their death this share will go to Plaintiff Dr Suresh which is me.
3. M G Dayananda has also got his share. But the elders advised to include my father's name M Gududappa; with a genuine intention that he should not sell the properties when the parents are alive. We all had no intension to demand the share of my father who is the Joint owner with Dayananda. Because of family reputation and the elders advise.
4. G Kaveri received as her share through Money.
5. G2- M S Nagaraj -Got his share and no dispute till date
6. G2- M S Murigesh- Got his share and no dispute till date
7. G-2 M S Thippesh - Got his share and no dispute till date
Legal heirs of 5,6, and 7 have no dispute as their parents got individual share
Everything was fine from 2003 (1st Compromise) with Generation 1 to Generation 3 up to 2007
My father M Gududappa was caring my share (which is 10%) and my share left to my parents for their livelihood (which is 90% which is alimony). The decree was issued with a condition mentioned above that the share of Gududappa & Sharadamma will go to Dr Suresh
Then I left the country in 2005
In 2008 my father become sick. During this period my brother brain washed my mother & went to sub register office & executed a will deed from my mother which in 50% share of 90% which was supposed to come to me after her death as per the court decree. This was also registered in the Sub registrar office. This was totally illegal and done 5 days earlier to my father's death.
I did not respond to this as I knew this is illegal. Later my mother passed away in 29.09.2009.
Just 15 days earlier to my mother death he brain washed my mother & executed the Gift and will deed for the 50% share which was transferred to my mother after my father's death .Instead of including my name with my mother he made my mother as sole owner.
It was illegal and this notorious criminal my brother after my father's death he deleted my father's name & made my mother as sole owner.
Then I applied for change of khata & came to know that all properties (90% of my share which was in the name of parents) were transferred to him.
Then I decided to go to court. After thorough review our advocate suggested me to filed Patterson deed for my brother's share when my father was joint holder. Our intention was not to get share of 25% out of 50% (Joint share my brother 50% and my father 50%). Because he cheated me. I wanted my property back. We were ready to give up this share.
· The partition deed case was finalized in just 16 months and we moved for FDP processing
· The declaration suit for (90% my property in the name of my parents after their death). This was also in the final stage of judgement.
Due to extreme frustration in 2014, I have decided to go for compromise again. I thought the declaration suit will take time. He threatens me that he will get all the properties. He was enjoying all the share's up to 2014 from 2007 up till compromise for the 2nd time (2014).
We reshuffled the share the properties.
· I gave up 19=02 Acres (15= acres inherited from Generation -1& 2) & the land purchased 4=02 Acres by my income). This includes the 10% of the share allotted to me in 2003
· In return he gave one house from his share means the value I got was 10% & I gave was 90%
· Please note that I have 3 children in 2014 which my daughter's was 12 years old, one son 6 years and last one 4 years.
· Now my daughter is Doctor and 22 years old & She is questioning that how come you gave our properties inherited from grandparents to your brother who is a notorious criminal and a big fraud. She says that if you have sympathy give the land 4=02 Acres purchased by you.
I respectfully request the honorable members to give opinion & also I am looking for an Advocate to contest on behalf my daughter
Please confirm
1. Is it my daughter question is right. She is demanding for the property which was inherited from Generation 1&2
2. Does I had the rights to make property reshuffling in 2nd compromise in 2014 ignoring my family
3. Honestly my brother made me fraud & then after the 2nd compromise in 2014 he has taken huge amount as loan & now the debt recovery case is in court in the final stage
4. Is it possible that if my daughter is having the rights to bring the injunction order on the share allotted to me in 2003 and the share (90% from my parents) .
5. I greatly appreciate your help. Please leave your phase so that I can provide the information
