Frivolous title suit filed

This query is : Resolved 
 


Querist : Anonymous (Querist)
06 May 2021

Late father who died intestate purchased several self acquired immovable properties in his name and mothers name. After his death one son now has filed a partition suit claiming them to be joint properties.
The sales deed along with mutation have been in mothers name ranging from 15 years ago to 30 years ago ie she has enjoyed possession of these properties with no restriction prescribed in the sales deed.
The same son has also fraudulently changed nominee in fixed deposits for which a separate criminal case under section 420 is in criminal courts. since nominee was fraudulently changed after the death of father, banks didn't settle on the basis of nomination and therefore mother has applied for a succession certificate. But in the frivolous partition suit the son has included all properties moveable and immovable in fathers name AND mothers name and also including fictitious amounts of black money .
Question:
1)Can plaintiff force partition of mothers property even though she is still alive and as per Sec 14 HSA she is absolute owner of her properties and there doesn't exist any restrictions in her sale deeds ( Section 14 (2) - doesn't apply )
2)Should mother file just a WS or should she also file an IA asking for dismissal of the frivolous partition suit.
3)Since money is urgently needed for survival, will the moveable items be settled via succession certificate or will we forever have to wait for a partition suit which will run into decades appeal appeal after appeal as plaintiff has deliberately includes these moveable items in a partition suit as he doesn't wish for the mother to see any money in her lifetime.


Sankaranarayanan Online (Expert)
06 May 2021

Better to appoint a lawyer and contest the case

Advocate Bhartesh goyalOnline (Expert)
06 May 2021

( 1 ) During life time of mother your brother can't claim any share or partition in her self acquired properties.
( 2 ) your mother should file w.s and has to contest the case on merits by filing documents and evidences.
( 3 ) Engage a lawyer who after Inspecting and going through both case files guide you what next step has to be taken.

Hemant AgarwalOnline (Expert)
06 May 2021

AGREE with above Experts Advices.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kavksatyanarayanaOnline (Expert)
06 May 2021

For mothers self acquired properties/the properties in the mother's name cannot be partitioned during her lifetime. For the father's property, all the legal heirs have equal rights including mother and sisters. As there are suits in the court, your mother file WS and you have to engage a well-knowledgeable advocate for better guidance for ongoing suits.

Dr J C VashistaOnline (Expert)
07 May 2021

I agree with experts opinion and advise.
Your mother can dispose of her self-acquired property
No one can restrain /stop your brother from filing a suit for partition, however, same is required to be contested/ defended properly.
It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

T. Kalaiselvan, Advocate Online (Expert)
07 May 2021

1. The son can file a partition suit seeking division of deceased father's property and for allotment of his share in the property with separate possession.
However he cannot ask for the relief of partition of his mother's properties during her lifetime.
She is the absolute owner of the property and she can refuse to give him any share in the property which cannot be disputed under the law by the son, at least not during her lifetime.

2. Mother can file a written statement denying his averments in the plaint including the allegations leveled by him in the law suit.
She can even file a petition to reject the plaint under order 7 rule 11 CPC insofar as his claim for a share in her own property.

3. No doubt the movable properties can be divided among the eligible successors provided they are amicably settling the issue among themselves,
But in the given situation the son has already approached court of law with a suit for partition which includes the immovable properties also, the division or sharing of movable properties may not be permitted especially during the pendency of court case, and the bank also may not disburse the amount.


Querist : Anonymous (Querist)
07 May 2021

Thanks you Sir ' s . Both the succession certificate application and partition suit have been admitted in court now ..... First the succession case then the partition suit . But since money is needed for survival will the courts not take into consideration the fact that frivolous partition may run into decades and money not being released to the legal heirs will result in extreme financial hardship especially for the mother who is a senior citizen and may not survive for long...given the covid situation .I say the partition suit is frivolous because this nuisance creating son has added garden pots table and chairs household items plus has also included alleged black money . As far as I am concerned no suit lies for the recovery of a benami property . Pls advise

krishna mohanOnline (Expert)
07 May 2021

Mothers self acquired property no partition rights by any one. But your brothers rights to demand partition to be defended including the remedy on deposits etc., citing urgency by your lawyer for possible relief.



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