Lokadalath award and registered deed ......which one prevails
kumar
(Querist) 18 May 2013
This query is : Resolved
Hi all,
My name is kumar from Andhra Pradesh.My family is a Hindu family.My parents are having 3 daughters and one son(myself).All are married.My father had some ancestral property.My sisters relinquished their rights in our fathers property through lokadalath award.In the lokadalath award we compromised on the condition that my father should give 1 acre to the each daughter for relinquishment and the remaining property will be in the name of my father and myself(i.e I and my father kept the remaining property jointly).In the same award my father also mentioned that after his death,his share in the joint property will go to his son(i.e Myself).
After sometime our sisters asked us to register the land to their name on the basis of lokadalath award.we also accepted for that.But on the registration day,our document writer advised us to execute partition deed instead of relinquishment deed because the stamp duty for relinquishment deed is much more compare to partiton deed.So we executed partition deed by giving 3 shares i.e 1 acre each to the 3 sisters and remaining share kept on the name of my father and myself(i.e I and my father kept the remaining property share jointly).After that my father died without writing any will of his share in the joint property.
Now my sisters are planning to file a case to get our father's share in the joint property of my father and myself.This is because of executing partition deed instead of relinquishment deed.In Lokadalath award our sisters relinquished their rights on our father's entire property by taking 1 acre each and also in the award my father mentioned that after his death his share in the joint property will go to his son(i.e myself).
Now my question is whether lokadalath award prevails over Registered(partition deed) deed in the court are not.Please give me a advise.A reply from you is greatly appreciated...
R.K Nanda
(Expert) 18 May 2013
LA award prevails over PD.
Raj Kumar Makkad
(Expert) 19 May 2013
Your should plead that the partition deed was in the execution of the Lok adalath award. It hardly differs whether the 1 acre each was relinquished by way of relinquishment deed or through partition. Question here is that the award was executed and your sisters are thus bound by their own statements recorded while in award before Lok adalath.
You can entered the mutation in your name on demise of your father on the basis of copy of award from the local revenue officer and then wait and watch the action of your sisters.
kumar
(Querist) 20 May 2013
Dear raj kumar makkad sir,
Suppose my sisters file a case in the court on the basis of Registered(partition deed) deed...do they succeed in the court or not???
kumar
(Querist) 28 May 2013
Dear raj kumar makkad sir,
Suppose my sisters file a case in the court on the basis of Registered(partition deed) deed...do they succeed in the court or not???
