Gift deed partition

Imad Hassan (Querist) 15 November 2014 This query is : Resolved
Respected Sir,

We are in a following case in lower court:

Mother gifted property to her 4 sons. Eldest son is not agreeing that the 3 brothers get their property share. All 4 brothers where in same business some time back but now they are separated in business

The eldest brother has by some way impleaded the property of 3 brother's wives on pretext that the 3 brothers have taken property in their wives name by taking undue funds from company when they were together, this plea is accepted by lower court.

Even though the wife of three brothers are not benificiaries of gifted property can their property be impleaded? as it seems very vague.

1. What course of action we need to follow, my mail id is imad671@gmail.com.

2. Can the wives file some case against elder brother for harrasment and mental stress??

Can some one else's property be impleaded in a simple partition case which is very clear cut.

Please advise

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Kappil Cchandna (Expert) 15 November 2014
Dear,

No there property cannot be impleaded. Yes the elder brother has commited fraud..

Adv kapil chandna, 9899011450

ajay sethi (Expert) 15 November 2014
it is necessary to go through order passed by trial court impleading wives property in this regard .

Rajendra K Goyal (Expert) 15 November 2014
Whether wives whose property was impleaded were party in the case ? Whether any appeal was made by the aggrieved party?

Devajyoti Barman (Expert) 16 November 2014
They are proper parties and may be allowed to be impleaded as party.

Imad Hassan (Querist) 17 November 2014
Respected Experts,

Thanks for all your comments!

1. The wives are no party to the gift deed, nor they(wives) have filed any appeal.

2. The mother who has gifted the property has expired after gifting the property.

3. The elder brother has also received gift of land from the mother along with his 3 brothers. The property is distributed in equal share.