Court case

Singh (Querist) 24 August 2013 This query is : Resolved
Hi,
Please answer in detail.
mr x has purchased one property on lease from L&D office, delhi in the year 1960.He has died intestate without will and left 5 legal heirs 3 sons(A,B,C) ,one daughter and Mrs x.
2 sons(B,C) and daughter had relinquished their share in the favour of mrs x(mother)but one son(A) keep his share. Relinquishment deed was registered with sub registrar delhi and on the basis of the said RD mutation was carried out in the name of MRS X and His one son(A) in the share of 4/5 and 1/5 undivided.mrs x further gifted her entire share i.e. 4/5 to one of his son(B)in the year 2002 who has already relinquished his share earlier in favour of his mother.afterwards mutation in records of L&DO was further carried out in the name of B(4/5) elder son(A)(1/5).Now elder son who is not in possession of any of the share has filed case for partition and possesion against (B) on the basis of documentary evidence as records of L&DO as mutation was in his name for 1/5. Case is pending in the delhi court however in the mean while C has moved an application under order 1 rule 10 cpc to make him a necessary party as he is in the possession of the property around 2/5 share and B is in the actual possession of 3/5 only out of total property.Court has allowed him as the party in the suit and in his WS he has challenged RD and Gift deed and denied no such document was executed but in reality he voluntary signed the RD in year 1992.He has claimed 2/5 share (actual possession) by virtue of adverse possession as he has been residing in that property since 1980 and electricity meters and other doc. like house tx receipt are also in his name for 2/5 share.In the mean while B has filed separate suit on C to vacate the premises as he has been living as licencee in that property with his consent and now he wants to get him out from the property in the year 2012.The case titled A vs B and others are pending and at the stage of DE and suddenly due to change of Judge court has ordered plaintiff (A) to make his sister as the necessary party as she is also one of the legal heir.however she has already relinquished her share(1/5) in the favour of his mother long time back in year 1992 but now in WS she has denied RD and demanding her share. Please advise what are the chances that Validity of RD can be challenged as C and the sister voluntarily signed RD in 1992 before Sub registrar and it was duly registered and on the basis of said RD mutation was carried out in the name of mother and she further gifted her entire 4/5 to B on the basis of that RD only and mutation in the names of B was also carried out on the basis of that GD.Now how these documents can be challenged simply by denying this in WS. they have not filed any suit so far to challenge the authenticty of these documents and it has been executed in 1992 and Gift deed was executed in year 2001.please advise

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