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Partition deed 1978

This query is : Resolved 
 

Online (Querist)
24 October 2020

In 1978 according to a registered Land partition deed 5 brothers shared their land ,but one particular land sery No 123 had not shared among them.
There was written in partition deed that " The land sery No 123 to execute sale deed collectively( All parties of 1978 partition deed ) to One called Gouramma ", she is not Blood related to parties of 1978 partition deed . There was nothing mentioned about how much money and etc given or taken. Now all 5 brothers and Gouramma has died .
Now the son of Gouramma filed a case to execute the sale deed in the name Gouramma

Do they have right to ask this land?
Does it apply time limitations to execute sale deed?



Isaac GabrielOnline (Expert)
24 October 2020

All have committed about the lady Gouramma and the land setr apart for her. It could even be assumed as gift to her.So the claim by the son is proper and lawful

Praveen BanakarOnline (Querist)
24 October 2020

What about 43 year time sir, she did not claim this land in her life time

Advocate Bhartesh goyalOnline (Expert)
24 October 2020

Limitation would be start from the day of refusal to execute the document?

Praveen BanakarOnline (Querist)
24 October 2020

I did not get this sir.....

Rajendra K Goyal Online (Expert)
24 October 2020

Full document need to be referred to find out whether she / her legal heirs are entitled for any share / relief as claimed.

If the contents of the document are in their favor the relief can not be denied. Limitation would start from the date when other parties refused the claimed relief.

kavksatyanarayanaOnline (Expert)
24 October 2020

There is a clause of some part of the land which was separately shown shall be executed by all the sharers in favour of Gouramma. As she died and the five brothers died, the legal heirs of five brothers have to execute a sale or gift deed in favour the legal heir/heirs of Gouramma.

Dr J C VashistaOnline (Expert)
25 October 2020

Vague and confusing facts can not lead to form proper opinion and oblige.

It would be better to consult a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

SHIRISH PAWAR, 7738990900Online (Expert)
25 October 2020

Hello,

Since the suit is filed you have to contest it. You can defend it as nothing about money etc. given is mentioned in the partition deed and all the parties are dead.

Praveen BanakarOnline (Querist)
26 October 2020

Actually she was not made as party of the deed .
She had not signed to the partition deed document.

Rajendra K Goyal Online (Expert)
26 October 2020

Any advice without referring all documents may not be fruitful, as advised consult local lawyer.

P. Venu Online (Expert)
26 October 2020

What are the grounds pleaded by the plaintiff to support his claim? Is there any mention of any sale price or consideration paid?

Praveen BanakarOnline (Querist)
27 October 2020

No matter of price mentioned. Only the line is " The servey no 123 shall be executed sale deed in the name of Gouramma collectively"

P. Venu Online (Expert)
27 October 2020

Please read the plaint carefully. There should be a cause of action. That cause ought to be within the period of limitation.

So also, the plaint should contain the facts and grounds which, if proved, entitles the plaintiff for the reliefs sought.

Praveen BanakarOnline (Querist)
28 October 2020

Partition deed happened in1978. Since then till 2016 no claim took place by her.
Here what's about 'Period of limitation' sir?



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