Family settlement
Samarth
(Querist) 09 July 2012
This query is : Resolved
Mumbai - In the year 1948, For the joint family property, my grandfater made a registered partition deed wherein he added the name of my father (his only son) as a joint holder. The partition deed mentioned that his daughters (my father's sisters) will not get any titles or interest in the property.
The family understanding was - The daughters were given gold and also cash when they got married in 1960, as the son would get the property. No will was made.
My grandfather passed away in 1989 and my father passed away in 2002.
The daughters have now woken up due to a greed and want to go againts the family understanding and are claiming share in the property. They are silent on the gold that was given as there is no evidence. What is the legal position now?
Kiran Kumar
(Expert) 09 July 2012
the partition deed as earlier made will stand...the daughters wont succeed in their claim.
just prove your case as with some cogent evidence if there occurs any litigation.
Rajeev Kumar
(Expert) 09 July 2012
Partition deed made earlier will stand. The daughter wouldn't get their share. As their claim is barred by limitation. If any suit is filed is liable to be dismissed.
Samarth
(Querist) 12 July 2012
Thanks. Also wanted to add that the daughters claim not to be aware of such partition deed as it was done when they were minors. They are also refusing to have had any such family understanding, as this was only oral.
What evidence would be required if they refuse the family understanding?
I have the partition deed as the document and also the records of BMC and Land revenue department.
