Final decree proceedings

This query is : Resolved 

11 January 2017


The property belongs to my mother who died intestate in year 1995. My late mother out of joint income of herself and my father purchased property through bonafide owner and got registered in her name. My sister created a false Will of my mother after her death. I filed partition suit against my sister for equal shares. The alleged Will by my sister was proved false by court. Court passed preliminary decree for partition. Now at the stage of metes and bound my sister's daughter is claiming the entire property on the basis of Will (allged) of 35 years old belonging to her Father's mother (grandmother) property and after wards my sister's son is claiming the same entire property as his father's father (grandfather) property bequeathed by his present father on basis of Will (alleged) of 40 years old and same is transferred and registered on the basis of will (alleged) to Gift Deed in the year 2016. My sister and her children's are claiming the property even though they are aware of the present partition suit filed in the year 1997. The property belongs to my sister's husband and her mother they sold through a registered sale deed to third party and my mother got tranfer through registered sale deed in the year 1979. Kindly let me know whether my partition suit is maintainable as the property in question is self acquired by my mother through registered sale deed from bonafide owner. Please kindly inform the citation of such litigation if possible.

Thanking you,


P. Venu (Expert)
12 January 2017

The facts as stated are confusing.

Rajendra K Goyal (Expert)
12 January 2017

The court orders regarding partition is applicable till stayed / set aside by the competent court.

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