Partition suit
Querist :
Anonymous
(Querist) 14 January 2012
This query is : Resolved
Sir,
I am a coparcener having 2/3rd share in my mother's property declared by preliminary decree in the partition suit by the Court. My sister's claim is declared for 1/3rd share in the property being the holder of Forged Will. Not satisfied with the judgement she filed appeal in the Supreme Court the same was dismissed. Review Petition in Supreme Court also dismissed. My sister with fraud and malfide intention again filed alleged unregistered Release deed executed by me thus extinguishing my rights on the property.
Under the law when the suit has gone upto Supreme Court reached judicial finality in the Partition Suit can my sister file such unregistered relinquishment deed. The fact that she has in beginning claim the entire property by virtue of Forged Will. When I filed for passing of final decree she filed in the Trial court unregistered relinquishment deed.
Can my sister claim the entire property on the forged unregistered release deed inspite of my objection in the court and denial of executing any such deed. Is there no remedy for such frivolous vexatious litigations.
Please kindly enlighten what is the remedy available to such litigations.
Thanking you,
MSN
Devajyoti Barman
(Expert) 14 January 2012
He subsequent claim is barred under the rule of ' Res Judicata'.
Even if it is allowed , you need not worry as the unregistered release deed is not admissible in evidence. Moreover you can challenge your signature through expert.
ajay sethi
(Expert) 14 January 2012
relinquishment deed has to be compulsory registered . if not registered in admissible in evidence . was the deed sufficently stamped;
if relinquishment deed is forged raise the plea . drawthe attention of court to the fact that she had earlier relied upon forged will and that dilatory tactics are being adopted by your sister
Raj Kumar Makkad
(Expert) 14 January 2012
You should immediately file a criminal case under section 420/467//34 IPC against her and the person shown in the alleged release deed as identifier to you as those have forged your signature with intension to grab the property.
The arrest of your sister shall make many things normal.
You shall also have to defend the suit and should get it dismissed as you never released any property in her favour. Transfer of title on the basis of unregistered release deed otherwise also is not possible.
M/s. Y-not legal services
(Expert) 14 January 2012
you have two options.,
1]just challenge the said deed., or..
2] just do as per makkad sir's advise., while both of you hit our supreme court then here after no place formal sentiments.. so dont hesitate to initiate the criminal proceedings sgainst your sisiter..
-tom-
prabhakar singh
(Expert) 15 January 2012
I find Mr.Makkad right that a criminal case shall cause your sister and others involved in making of forged release deed daunted and nervous and that shall give you to take charge of the litigation.
In civil case take up preliminary objections,such as that deed is insufficiently stamped and unregistered and forged and has been brought to light by forgery after completion of final innings upto supreme court,hence the plaint does not discloses any cause of action and is barred by resjudicata.
Press the court to impound the deed and let it be sent to collector for proper adjudication of duty,prosecute there for imposition of ten times penalty.
Shonee Kapoor
(Expert) 15 January 2012
Agreed with Ld. Mr. Makkad and Ld. Mr. Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
