Alleged black money received as sales consideration

Querist : Anonymous (Querist) 13 July 2021 This query is : Resolved
Late mother who dies intestate disposed some of her self acquired land in her lifetime.

The full sales consideration received was 50 lakhs of which only 35 lakhs was shown as Registered Sales Deed as white money
15 lakhs was received as ''Cash'' on a sales agreement- a copy of which is held by one legal heir who is the plaintiff in the below partition suit..

The mother had deposited the 35 lakhs into a fixed deposit.

Now one of the legal heirs after the demise of the late mother has filed partition suit of all of mothers properties- both moveable and immoveable. ( PS : he chose to not file a succession certificate because he wants to linger the partition. )

in the plaint , the legal heir has shown

1 ) immoveable items
2 a ) moveable item a 35 lakhs in Bank FD
3 b ) plus cash received b - 15 lakhs alleged black money

how can alleged cash received ( black money ) be brought up in a suit for partition of moveable and immoveable properties left by the deceased?

Is this even maintainable?

The plaint has just been admitted and a WS filed denying existence of such black money.

What points in law can be used to reject this frivolous suit?

Many thanks

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Advocate Bhartesh goyal (Expert) 15 July 2021
At this stage suit can not be dismissed on ground of it's frivolous.You have taken objection regarding black money in w.s and now court will frame issue in this regard . Burden to prove this issue will lie on plaintiff and he has to Prove this issue by cogent evidence and if he fails to prove this issue then on this point/issue his suit will be dismissed.

P. Venu

(Expert) 15 August 2021
In my understanding, Court would not allow itself to be burdened with the issue whether the amount in cash, as averred in the plaint, is black money or otherwise. The only issue is whether the averment is true or proved.

If the defendants, in their written statement, take the stand that the amount in cash os black money, that itself amounts to admission, leaving nothing to be contested.

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Alleged black money received as sales consideration

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