Partition suit

This query is : Resolved 
 

(Querist)
19 September 2019

My grandfather passed away in 1976. He had some self owned property. He has 1 son, 3 daughters. In his life duration, he did marriage to one daughter. My family is a joint hindu family. After my grandfather died, my father did marriage to his two youngest sisters with his earning from agricultural land. He changed all my grandfather's property ( mutation ) to his name by oral partition with his sisters in 1980's. My father passed away in 1995. After that, my mother changed all his property to me in 2000 (she has full rights to her husband property) .She wrote gift deed everything to me by registration in 2000. I have one sister. My mother gave all her jewels to my sister. We both made oral partition in 2000 itself. My mother passed away in 2012. After that, my sister filled a suit for partition in end of 2012. At the same time, my three aunties ( father's sisters) asked in that to join them also parties. They are in that from 2013. But, my sister withdarwn her case in 2017. My auntie's case is in pending. From the last two years, I am not in a job. Can I sell my properties , the case is in the court? What will outcome in the case? Patta, EC & giftdeed , property tax everything in my name from 2000. Am I lose my property? My aunties married before 1980s' . My sister married before 1886's. We are in Tamilnadu. These ladies not fought with my father, mother. Now, they are fighting with me. They ate everything jewels, money(dowry), They all are pensioner now. But, torching me. Their thought is I never use that property in my life period. How will I proceed further to close my case earlier? Please, guide me. Thx - Srini


Isaac Gabriel (Expert)
19 September 2019

They have got right in property, eventhough orally they agreed earlier. Now they are before the court raising littigation. But the case will prolong unless you come to settlement. Better try with the elder family members to amicably solve issues..

kavethaperumal (Querist)
20 September 2019

more than 12 years over for the possession ( barred by Limitation) . Is it now also applicable to them?

Dr J C Vashista (Expert)
21 September 2019

You have all the rights to deal and dispose off the property received/acquired by you.
The case of your aunt(s) is not maintainable in the circumstances posted by you.
It would be appropriate to consult a local prudent lawyer for better appreciation of facts/documents/ records/ case file, guide and proceed properly.

P. Venu (Expert)
28 September 2019

Your sisters and aunts have rights vested in the property. In other words, the property is jointly vested with you. Such property rights are not affected by limitation.



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