Hi, I would appreciate some help in the partition suit filed by my sister by falsely using my mother's signature. Mother came to court and admitted this in front of judge. Let me explain.
Father died intestate in 1986 with property he obtained via partition (not self- acquired) leaving behind his widow (my mother), daughter (my sister) and myself (son). I helped father in construction of ground floor and completed the construction since he died mid-way during contruction period (heart attack). I later built the house on first floor where my mother and i reside when i'm in India. Sister got married and has lived with husband from even before start of construction. Now sister has filed a partition suit under my Mother's name. Mother has never had any contact with her alleged counsel and sister was guiding and paying. False case is one issue.
Now the issue is partition rights. Does my sister have any claim to the property or any part of it? It is difficult to prove i built property except for witnesses (circumstantial) since no receipts from 1986. Further, Sister (defandant 2) is no-show, can my mother give a release deed (registered) for her share of the property to me. Will this be valid, binding and irrevocable? I will give in writting mother can stay there as long she wants without hinderance. Not sure what to do about sister since she is not co-operating and claims she has share. WILL from mother is another option but that can be changed and challenged i believe. Please advise best course of action. Getting different opinions and unsure.
Multiple questions, please oblige.
Thank You.
