2 cross suits regarding same property
Ratna Singh
(Querist) 18 November 2014
This query is : Resolved
We are 3 legal heirs of my mother who was the owner of the house.i am living from last 10 years in another city for job. couple of years back my deceased brother's wife had instituted a suit against rest of the family members asking for restraining the defendants from evicting her from the house. She had made my mother as co-plaintiff, and we 2 brothers and our father as defendants. The house is a 3 storied building and she was living with her children on 1st floor. later my mother died and my other brother is living in another house along with father. Father is above 80 yrs., not keeping well and totally under brother's influence. Now that brother has instituted another suit for equal partition of the mother's house. brother and father are the plaintiffs and I and deceased brother's wife and her children are the defendants. He is demanding equal 4 shares, i.e. himself, father, deceased brother's family and me. He has referred in his plaint about the pending previous suit, and that the property was purchased by father in name of mother. His intention is to grab father's share. Can this suit be barred by the previous suit? what defenses can be taken to destroy his ill intent?
Devajyoti Barman
(Expert) 19 November 2014
How is your mother owner of this property?
If she bought this one in her own name then she is its aeld acquired owner and neither of her sons or daughter in law has any share in it.
So disclose the nature of ownership of this house by your mother.
Rajendra K Goyal
(Expert) 19 November 2014
Presently the property belong to four legal heirs of your mother. Your father can will / gift his share to your brother and if he expires intestate property would be divided in three legal heirs(you, your brother and family of deceased brother).
ajay sethi
(Expert) 19 November 2014
both the suits will be clubbed and heard together . your lawyer will guide you as far as defences to be raised . on demise of mother each legal heir has 1/4th share in property . your father can bequeath his 1/4th share as he pleases
T. Kalaiselvan, Advocate
(Expert) 19 November 2014
Well advised by experts. Both the suits can be taken for a joint trial. As far as the suits are concerned it will take years to get disposed, in the meantime there will be many developments, so be prepared for practical situation in future.
