partition of ancestral property
Kalpana Sharma
(Querist) 03 June 2014
This query is : Resolved
My father has one younger brother and 2 sisters. One sister got married in 1970 and other in 1987.my father and his brother had partition of ancestral property in 2003 practically but on papers its been divided since 1994 and they are paying the land tax separately. During the partition my father's sister had full knowledge about partition and they did not have any issue with partition and they didn't even ask for their share but suddenly last july they filed a case against my father saying even we want share in the property.according to hindu succession act amendment, no partition would be invalid if it has been done before 20th December 2004.my father's sister even signed the partition papers but they are saying my father had forcefully made them to sign but this is not the case in reality. They were fully aware about the partition and with their consent they signed the same.
Please help me with the best solution regarding the same.
Shonee Kapoor
(Expert) 03 June 2014
Best solution is to contest the case, because she has alleged that the signs were taken under coercion.
Regards,
Shonee Kapoor
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Kalpana Sharma
(Querist) 03 June 2014
But it was not taken under coercion. My concern is that whatever they have said in their statement is absolutely false.so I want to know the best possible step to be taken in future.
Rajendra K Goyal
(Expert) 03 June 2014
Her claim and your version is to be proved and hence decided in the court on the basis of evidences and documents. defend the case. Engage a good local lawyer.
Kalpana Sharma
(Querist) 04 June 2014
Okay....we have already engaged a good lawyer who is working on it. Thank you so much for your help. Please let me know if any other good suggestions you can provide regarding the same.
