validity of unequal partition of Mother's property
Querist :
Anonymous
(Querist) 03 May 2011
This query is : Resolved
Dear Sirs,
Here is a peculiar case, wherin a 80 years old father of a HUF family is trying to cheat his 4 daughters/lone son of their due share in their mother's self-earned property.
The Father is aged bout 80 years and his wife died in the year 2005 leaving behind 4 married daughters, 1 married Son, Grand Sons & Grand Daughters.
The Mother of these 5 persons was having self-earned agricultural land of 5 acres near Chennai in her name and the present market value is around 1.2 crores.
She did not leave behind any will on her property. Hence the Father of this family wants, the entire property should go to him.
Hence he hatched a wicked plan and staged a drama in the year 2007, as if he would end his life, if his son or 4 daughters doesn't sign a deed prepared by him.
Out of fear and emotional pressure, his only son and 4 daughters were forced to sign/register a document, even without questioning him about the contents of it.
He did not gave a copy of the document to any of his daughters/son, as he doesn't want any one to know the contents of the document.
Hence one of his daughter questioned him about his crooked act, in a family gathering last week. As his conspiracy was exposed, once again he played a emotional
drama and got support from 2 daughters. Hence 2 daughters want to have equal share in the foresaid property and other 2 doesn't want any share.
One of his daughter had managed to get a copy of the document and shocked to know it is DEED OF PARTITION WITH A CASH PAYMENT FOR EQUALISATION.
A gist of this partition deed is given below:
Partys to the deed: (1) Father, (2) to (5) Daughters and (6) Son.
Total area of the property : 5 Acres and was divided into "A", "B", "C", "D", "E", "F"schedules.
Declared Value of the total property: 75 Lacs.
Value of the schedule "A" property was declared as Rs. 74,50,000/- and this goes to part No. (1)
Value of the schedule "B", "C", "D", "E", "F" was declared as Rs. 10,000/- each and goes to partys (2) to (6).
As Party Nos. (2), (3), (4), (5), (6) doesn't have a need for this property, they have handed over their shares to party No.(1) for a sum of Rs. 10,000/- only.
A Total sum of Rs. 50000/- was paid to them from the family income.
This partition was done for the comfort and development of individual families.
Whether this partition can be challenged for depriving equal shares to the daughters of the family?
Can one or two daughter alone fight for equal property share now?
Please provide your valueable suggestions and advice.
Thanking you inadvance.
Prakash.
R.Ramachandran
(Expert) 04 May 2011
For the present assume that there is no such partition deed at all.
All that you have to do is, find out in whose name the property currently stands.
Obtain Encumbrance Certificate for 13 years.
If you find that the property is still in the name of your mother, just file a suit asking for your share as legal heir of your deceased mother.
If you find that the property is not in your mother's name, but in your father's name, then come back to this LCI, we will guide you what to do.
Querist :
Anonymous
(Querist) 04 May 2011
Dear Mr.Ramachandran,
At present, the property in question stands in father's name and he got the Patta transfer also done in the year 2008.
Please guide us on the next course of action to be taken to get our legitimate share in this property.
Thanks for your guidance and advice.
R.Ramachandran
(Expert) 04 May 2011
You have to file a suit, alleging that he has played a fraud on all of you and by such fraud and deceit obtained the papers signed from you. You have to pray for cancellation of the sham partition deed and for your respective shares. Approach a local lawyer, show him the papers and he will take things forward. If You are in Chennai, you can even approach Mr. Arunagiri, Advocate, who is also a very active member of this LCI.
Querist :
Anonymous
(Querist) 04 May 2011
Dear Mr.Ramachandran,
Thanks for your advice..
We will keep-in-touch with Mr.Arunagiri.
With Best Regards!
Advocate. Arunagiri
(Expert) 04 May 2011
Thanks for referring me Mr.Ramachandran.
I will provide the legal support, if he seek from me.
Querist :
Anonymous
(Querist) 04 May 2011
Dear Mr.Arunagiri,
I will meet you in-person with the subject Partition deed and the Patta-Chitta details during end of next week at your Chennai office.
With Best Regards!
