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Notice for partition (Property Law)

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This query is : Resolved


Author : Anonymous

Posted On 30 November 2011 at 10:22

My father is the eldest of 8 siblings - 3 sisters and 5 brothers (including himself).My grandfather passed away in 1964 intestate. He owned a residential property in Bangalore. Since my father was the eldest brother, he took charge and cleared off existing debts on the property and also in marrying off the youngest siblings and settling them. 2 sisters signed a release deed relinquishing the property in his favour. 1 brother and 1 sister signed the release deed in return for a consideration. 3 brothers signed release deeds in my fathers favour at a later date, for a consideration. In effect all 7 siblings have given release deeds in my father's favour. The release deeds are all registered and are on stamp paper. Now, 2 of the brothers have sent us a notice asking for a share in the property (after 31 years !! Release deed given by them in 1980). My father has been paying taxes and has the Khatha certificates too in his name. I have the following queries :

- Is this a valid case ? Should not the court dismiss such frivolous claims and also penalize the people who file such cases ?
- After giving release deeds, can these people or their children stake such claims ? The release deed clearly states that they are releasing their rights to my father and his heirs.
- How long does such cases take, to be decided ? An approximate timeline ?
- We are respectable people in our society, and such a claim is causing dis-repute to the family. Can we do something to teach these people a lesson ?

Any inputs regarding the matter will be much appreciated.





Expert : Devajyoti Barman

Posted On 30 November 2011 at 13:38

If your siblings have validly relinquished their shares in lieu of owelty money, they have got no share in it and hence the notice is bad in law.

No

No time frame could be foreseen. Anything between 2 - 20 years.

Claim for civil rights is legally enforceable and hence they would be legally right if they go to the court.
Now it is not the business of the court whether it caused social disrepute or not.



Author : Anonymous

Posted On 30 November 2011 at 16:33

Thank you very much, Mr. Devajyoti. Much appreciate your inputs and providing me the answers. My father is 87 years old and it is sad that he has to go thru the trouble at this age, though I am there to support him.



Expert : prabhakar singh

Posted On 01 December 2011 at 07:52

The notice is without right as Release deed given by them in 1980.They can not seek its cancellation after 31 years more particularly when they are party to it.

There claim is apparently barred by limitation if they want to get it declared voidable on their option.

However if they are denying it not executed by them,they can allege some manipulated new knowledge of it and can file suit alleging it not to be executed by them.

But have they said some thing about it in their notice?Or have not mentioned it at all.???

One can file to stake any claim and the other side has to contest it but as it would be not
any legal necessity for your father to attend dates.



Author : Anonymous

Posted On 01 December 2011 at 09:00

Thanks a lot, Mr. Singh. You are right - they have made a mention in the notice that apart from a Power of attorney executed in my father's name, they have not signed any other documents. However, in the registered stamp paper - release deed, one of the plaintiffs has himself acknowledged that the release deed has been dictated and typed by himself. He has also signed below it. Also, since the release deeds themselves are stamped by the sub-registrar's office, can they cause any trouble ? Would much appreciate your inputs once again, Sir.



Expert : prabhakar singh

Posted On 01 December 2011 at 09:24

Was the power of attorney also registered on the same day on which Release deed in question was registered ??

Or they by notice making out a case that they have executed only understanding POA but the same was manipulated by fraud to obtain a release deed????



Author : Anonymous

Posted On 01 December 2011 at 10:43

Some corrections. The notice says that the plaintiffs have not signed any deeds of release or transfer of authority. However, they have signed the release deed which is also a registered document. One of the plaintiffs has infact acknowledged that the release deed has been dictated and typed by himself ! There is no mention of POAs as I had mentioned earlier.



Expert : Devajyoti Barman

Posted On 03 December 2011 at 23:17

They have no case, rest assured.



Expert : Shailesh Kr. Shah

Posted On 04 December 2011 at 08:37

Dear Author,

Answer will remain same as said(supra) by Mr.Barman and Mr.Singh.



Author : Anonymous

Posted On 04 December 2011 at 11:10

Thank you very much, Mr. Devajyoti and Mr. Shailesh. Thank you very much for the re-assurance. It would be a tribute to our ethics and honesty, if justice is on our side. Thanks again Sirs, for your time, effort and inputs.



Expert : prabhakar singh

Posted On 04 December 2011 at 13:29

You have good case on merit.
The problem is that our judicial system has very poor tools to throw away vexatious litigation out right on summary trials.

I think there must be system to sort out such things where a person visits court to challenge his own registered deed as false that too after 31 years while law it self raises presumption of correctness of a registered deed just on completion of 30 years.



Author : Anonymous

Posted On 05 December 2011 at 08:38

Thank you very much, Sir. I also just noticed that the release deed is registered on 31-MAY-1981, which means 30 years is completed on 31-MAY-2011 !! Am just hoping that justice prevails, and we are able to come out unscathed. Much appreciate this forum, the re-assurance and inputs from experts like yourself, Mr. Devajyoti and Mr. Shailesh. It has helped a lot in providing the necessary confidence that justice will prevail.



Expert : prabhakar singh

Posted On 05 December 2011 at 10:11

Most welcome you are always.



Expert : Shailesh Kr. Shah

Posted On 05 December 2011 at 10:32

Most Welcome!


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